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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If a woman is the legal owner of her house and she dies, does

Resolved Question:

If a woman is the legal owner of her house and she dies, does her husband have the right to remain in the house?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

It all depends on whether she makes a Will or not- if she makes a Will, the property passes to whoever she has nominated. If she has not nominated someone other than her husband, legally he would have to vacate the property. However, if so, he may be entitled to make a claim against her Estate under Inheritance (Provision for Family and Dependents) Act for insufficient provision and this claim would normally include a claim to be entitled to remain living in the house

If she does not leave a Will, her Estate passes in accordance with the Intestacy rules, which means her husband will more than likely inherit the property (if it is worth under £250,000) and therefore be entitled to remain living there. I attach a link seting out the Intestacy rules-

https://www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales

I hope this assists and answers your question.

Kind Regards

Al

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