Losing your partner is one of the most painful experiences of life. If you are recovering from the death of a spouse, you already understand the many challenges besides the grief and pain. Sometimes selling the family home to downsize and move makes sense. There are many options depending on the survivor’s personal situation. 

In some instances, a death may have followed a prolonged period of illness that allowed the home to fall into disrepair. Perhaps the idea of downsizing was on the table before the passing. In any case, selling the home may be the preferred option. And, while the process of selling a home is similar as if you sold before the passing, there are differences. The legal documentation, for example, will likely need to reflect the life event.  Submitting the right paperwork will facilitate a smooth process. We strongly advice homeowners to seek legal advice from a real estate attorney before listing the home on the market.

Selling under Sole Ownership

If your deceased spouse owned the house in their sole name, you may need a ‘Grant of Probate’ from the court. This grant, issued by court, will give you authority to sell or transfer the house. Another procedure called ‘Spousal Property Petition’ can also be used if the deceased spouse has no will, or leaves a will specifying that the interest in the house passes to the surviving spouse. Spousal Property Petition is a fast alternative to the probate process. One’s options will vary depending on the state of residence. A real estate attorney in the state of residence will know the proper process.

Selling under Joint Tenancy

Joint Tenancy is when a husband and wife have joint ownership and hold the title together. When one passes, the surviving joint tenant becomes the sole owner of the house. The surviving tenant can record an ‘Affidavit of Death of Joint Tenant’ to clear title to the house. Although joint tenancy automatically transfers full title to the surviving spouse, filing an affidavit with the deceased spouse’s death certificate further establishes the fact that the surviving spouse owns the entire house and can sell it alone.

Selling under Tenants in Common

A tenant in Common is another form of joint ownership. In this arrangement, owners can have a specific share in the value of the property. Both husband and wife can have equal ownership or have different percentages. 

If one spouse passes away and has not left a will, his/her ownership rights are inherited by his/her heirs in accordance with inheritance laws called ‘Rules of Intestacy’. If the deceased spouse had a will, the ownership rights passes as he/she has decreed in his/her will. Again, seeking legal council is highly recommended. In fact, such an arrangement would have likely been prepared by an attorney prior to the life event taking place.

Proceed with caution when selling the house

If you are considering selling your house after a spouse passes, you must proceed with caution. You must have a proactive and avoid rushing into any decision. It is always better to discuss your case with a real estate attorney as well as a real estate professional. 

At Realty with Rich, we will make selling your home as stress-free as possible. Our smooth and frictionless home selling process will help you as you consider life’s next steps. We are a solution orientate company, we buy homes in any condition, we work on your timeframe and, we make real estate transaction as hassle-free as possible. Contact us now to have a convenient and fast house sale. (833) 442-SELL