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If the owner of your home dies

Last updated
6 Oct 2026

If you're living in a home owned by someone who has died, your rights depend on:

  • your relationship to the person who died
  • whether you have a legal right to the home

Do not move out of the home before you understand your rights.

If you're unsure what your rights are, you can get advice from:

If your landlord dies

If your landlord dies, your tenancy does not end automatically.

Your tenancy rights and responsibilities stay the same, even if the property has a new owner.

You should continue to:

  • pay your rent as normal
  • follow the terms of your tenancy agreement

A new owner cannot make you leave just because your landlord has died.

If they want to end your tenancy, they must follow the correct legal process.

Find out what to do if a private landlord wants to end your tenancy or evict you.

If you owned the home with the person who died

Check the title deeds first.

If there's a mortgage, the mortgage lender will hold the title deeds. You can also check title deeds on the Land Register for a fee.

The title deeds will show:

  • who owns the property
  • if there’s a 'survivorship clause' (sometimes called a 'survivorship destination')

A survivorship clause usually means that when one owner dies, their share of the property goes to the surviving owner.

If there is no survivorship clause, check the will.

If you're not sure what the title deeds say, you can get legal advice.

If the person who died solely owned the home

If the person who died was the sole owner, your rights will depend on:

  • whether they left a will
  • what the will says
  • your relationship to the person who died

If the dead person left a will, what happens to their property will usually depend on what the will says.

Find out how assets and property are distributed after a death on gov.scot.

If the person who died did not leave a will

If you were married or in a civil partnership

You may have a legal right to inherit some or all of the property.

What you're entitled to depends on your circumstances and the value of the estate.

If you were living with your partner

If you were living as a couple with the person who died, but were not married or in a civil partnership, you may be able to apply to the court for a share of the estate.

You must apply within 6 months of the person's death.

This only applies to partners. It does not apply to other family relationships.

If you’re another family member

Different inheritance rules apply if you were not the person's spouse, civil partner or cohabiting partner.

Read who can inherit when someone dies without a will on gov.scot.

If there's a mortgage

If there's a mortgage on the property, contact the mortgage lender as soon as possible to discuss what happens next.

Check whether there's an insurance policy that could help pay off the mortgage.

Find out what to do if you can’t afford mortgage payments.

If you want to rent out the property or get a lodger, you should get legal advice first. You’ll need to check if the mortgage lender allows this.

If you inherit the home outright

If you inherit the home with no mortgage, you can choose what to do with it.

If you decide to rent out the property, you'll need to meet the legal responsibilities of a landlord.

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