This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

This section outlines how a death in your household could affect your rights to live in your home and outlines the issues that will help you to establish whether you have the right to stay.

How you could be affected

If you lived with a person who has died, you need to check whether or not you (and/or anyone else who lives with you) have the right to continue living there.

Don't move out of your home until you know what your rights are.

Having lived in your home for a long time before the other person died does not necessarily mean that you automatically have the right to stay. On the other hand, even if your home is not in your name, you may have the right to stay.

It's very important to know:

• whether your house is rented from a landlord or was owned by the person who died (either jointly or solely), and
• whose name is on the tenancy or title deeds.

Depending on your situation, different laws affect your right to remain in your home. The law is complicated but you can get advice from a Shelter advice centre or Citizens Advice. You should always seek advice before making any decisions about the future of your home. Otherwise you might sign away rights that you did not know you had - use our directory to find an adviser in your area.

The issues that will affect your rights

Each of the following factors could make a difference to whether or not you can continue to stay in your home:

• Is your home rented? If so, who is the landlord?
• Did the person who died own the house you live in and, if so:
  • Did you give them money to help pay for the property?
  • Have you made any other contribution - for example, undertaking significant repairs or alterations?
  • Have you borrowed any money to help pay for the property?
• Have you signed (or been named in) any legal document relating to the property (such as a tenancy agreement, title deeds, mortgage deed, deed of assignment or will)?
• Do you pay part of the rent or mortgage?
• Does anyone else make similar payments?
• Could you afford to keep making payments on your own if you had to?
• Was the deceased claiming any benefits towards the rent or mortgage?
• Are you related to the person who died?
• If so, how were you related to them - eg spouse, civil partner, cohabitee, parent or child?
• Does anyone else live with you? If so, how are they related to the deceased?

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