What are partner's rights to home upon death?


A man and woman and living together but they are not married.  The home is in his name only.  What rights will his partner have in the home if he dies?  First, Florida does not provide for common law marriages.  Therefore, she would have not rights to the home by law.  If he wants her to have rights to the home, then he must give her rights via his will, trust or lady bird deed.


Attorney Tom Olsen: You're on News 96.5, go ahead?

Harry: Thanks for taking my call. I just bought a house in Lake Mary in March and really pleased with it. I have an ongoing 18-19 relationship with my spouse, so to speak we are not married and other than my will says that when I died that she can inherit everything I have, I have another family. In between when I die and now what sort of rights does my paramour have, as far as being in my house?

Attorney Tom Olsen: Harry, first of all, Florida has no common law marriage, so you're not married to her. She's not your spouse, you might call her your partner for example. But Harry if the home is in your name only, you're not married to her, you've got a will that says when you die everything goes to her and you passed away, it may take a few months to a probate process to get that home out of your name and to her name. But in the mean time, she would certainly be allowed to live there. So, I don't expect any kind of hassles or any problems for her other than going through the probate process.

Harry: Yes, and I never had a whole lot besides this, I suppose. Would talking to you facilitate some sort of draft where we could avoid probate?

Attorney Tom Olsen: I could definitely help you with that, Harry. I would definitely recommend that for you to make things simple, easy, inexpensive for your partner when you pass away. Just like people want to do for their children. Harry, we have a great booklet on Easy Ways to Avoid Probate and we would love to mail you that booklet. If want to get that booklet mailed to you, all you have to do is call or text, better if you text Chrissy at 407-808-8398. Let me give you that number again, but if you want a booklet on Easy Ways to Avoid Probate, it's easiest if you text us your name and address we'll just pop it in the mail to you. You text us to 407-808-8398.