Losing a partner is never easy. During this difficult time, it’s understandable if managing legal and financial affairs is not top of mind. However, making decisions about jointly owned assets like a house needs to happen relatively quickly after a death.
If the deceased owned a home with someone else, you’ll need to transfer or otherwise handle the property deed. Here’s what to know about what to do with house deeds when a partner dies.
Who’s name is on the house deed?
The first thing you’ll need to do is pull out the deed to check how the house was owned.
There are a few common ways couples hold ownership in a home:
- Joint tenancy – Property is owned equally by both parties.
- Tenants in common – Each party owns a percentage of the home.
- Tenancy by the entirety – Spouses jointly own the home so neither can sell without the other’s consent.
If the deed was held in joint tenancy with rights of survivorship, then ownership automatically transfers to the surviving partner. No probate will be required.
For other forms of co-ownership, like tenancy in common, the deceased’s ownership share will have to be transferred according to instructions in the will. Probate proceedings will assign those property rights.
Get several copies of the death certificate
Before you can begin handling the ownership transfer process, you’ll need several certified copies of the death certificate. Here’s why:
- It verifies the death for legal purposes.
- Many institutions will require a copy to update their records.
- Order more than you think you’ll need, as you may need to provide one months later depending on the bureaucracy of certain agencies.
Ordering 10-15 copies from the funeral home or county records office is a safe bet.
Update institutions that record ownership
Once you have the necessary death certificate copies, it’s time to start alerting any organizations that track property ownership of the change in status.
County
First up is the county records office. The deed representing ownership of the home is recorded here. You’ll need to submit paperwork and a death certificate to update property records.
If the home was owned as joint tenants with right of survivorship, then the county should allow you to file a simple form called Affidavit of Surviving Joint Tenant. This will remove the deceased from the deed leaving sole ownership to the surviving partner.
For other forms of co-ownership, you’ll likely need to provide copies of the will and initiate a probate case to distribute the deceased’s share of ownership as outlined in the will. The probate court will provide documentation once this is complete to allow recording the updated deed.
Mortgage company
If the home has an outstanding mortgage loan, you’ll need to get in touch with the lender to get the loan transferred to the surviving spouse’s name only.
Provide a copy of the death certificate and have information on any other assets or income of the survivor handy when you call. The bank will run through options to determine if refinancing or a loan modification are required to get a new mortgage in the survivor’s name only.
Home insurance
Contact the insurance company to notify them of the death. You may need to adjust coverage depending on the survivor’s needs. This is also the time to file any claims related to the death if applicable.
Utilities
Any utility bills like water, gas, electric, phone or cable in the deceased’s name will need to be transferred or canceled. Provide the necessary paperwork to get billing and registration aligned with the survivor’s status.
Tax office
The county tax assessor’s office may need an updated deed with the deceased removed in order to issue future tax bills correctly.
Other assets and documents requiring updates
While handling the house deed is the biggest legal concern, take time in the months after the death to update any other jointly owned assets. Here are some to review:
- Bank accounts
- Investment accounts
- Insurance policies
- Vehicles and property titles
- Wills, trusts, or estates naming the deceased
- Beneficiaries on financial accounts or insurance policies
You may also need to cancel driver’s licenses, email accounts, subscriptions, club memberships, and other identity-based memberships in the deceased’s name.
Consider talking to an estate planning lawyer
Managing real estate transfers and ownership paperwork can quickly become complicated, especially if probate is involved. If you have any questions, don’t hesitate to ask an estate planning lawyer for guidance.
A lawyer can help you:
- determine if probate is required based on how the home was owned
- file the right deeds and ownership transfer paperwork
- navigate court processes if required
- ensure property rights are updated properly according to the will
Legal expertise can ensure you cover all the right steps during a difficult time.
Decide whether to keep or sell the home
Once sole ownership is established, you’ll need to decide what to do with the house itself. Should you keep or sell it? Here are some factors to consider:
- Can you cover mortgage payments and home expenses solo?
- Do you still need a home this large, or is downsizing smarter?
- Does staying stir up painful memories or are they happy ones?
- Will you need cash from a sale for retirement or other needs?
Take time to weigh both practical and emotional factors before choosing whether to stay or go. If you opt to sell, use proceeds to meet your housing needs like buying a smaller place or moving to assisted living.
Don’t go it alone – ask for help
Losing a loved one brings enough heartache. If navigating real estate paperwork feels daunting, don’t hesitate to find help. Here are some people who can offer a hand during the transition:
- Family – Kids or close relatives can help with paperwork, property decisions, cleaning out the home, self-care, and more.
- Estate lawyer – As mentioned, a legal expert ensures property rights and ownership changes happen correctly.
- Financial advisor – Review investments, insurance, and new financial plan priorities as a widow or widower.
- Grief counselor – Talking through loss can help process emotions, especially with a sudden death.
- Realtor – If selling, a real estate agent values the home and lists it so you don’t have to tackle showings alone.
Don’t be shy about asking for assistance from those who can ease the burden during this major life change.
Prioritize self-care during emotional time
The months surrounding a loved one’s death bring intense emotions like sadness, loneliness, anxiety, guilt, exhaustion, confusion, and more. Coping with these feelings leaves little energy for much else.
Be gentle on yourself by making self-care a top concern after dealing with urgent legal and property issues. Healthy self-care might include:
- Getting extra rest and taking time off work
- Staying hydrated and eating regular, healthy meals
- Exercising in small amounts to reduce stress
- Seeing a grief counselor or joining a support group
- Relying on family and friends for company and comfort
- Making time for hobbies or activities you enjoy
- Keeping a journal to process emotions
Don’t feel guilty about taking it easy as you grieve. Managing your well-being helps ensure you have the strength to sort through financial and legal tasks.
Takeaways
Losing a spouse or partner means navigating significant life changes, including deciding what to do with jointly owned property. Follow these steps to handle real estate ownership properly after a death:
- Review how the home was owned on the deed
- Get multiple copies of the death certificate
- Update records with government agencies and financial institutions
- Consider working with an estate planning lawyer for guidance
- Decide whether to sell or stay in the home long-term
- Don’t be afraid to lean on others for support during this emotional time
- Make self-care a priority as you process grief
While handing house deeds and property ownership is certainly an added burden, take it one day at a time. With help from others and priorities for self-care, you’ll get through this difficult transition.
