If no legal precautions were taken before his/her death to secure your right to live in the house then his family may have the authority to kick you out. It will depend on issues including who will be inheriting the property through intestate laws or a will. Family members who have no right to the home cannot kick you out. According to Lawyers.com, if you and your partner were married and live in a state that recognizes same-sex marriages, you may have other legal options available to avoid being kicked out of your partner’s home.

Dear Gay RealtorInheritance laws vary by state and include many conditions. Generally, in the absence of minor children, most state’s intestate laws dictate that the legal spouse, or in some states the registered domestic partner, inherits everything or a portion of the estate. In that case, you may have a legal right to go to court and retain some or all rights to the home.

Partners who are not included in a will, did not take legal precautions and were not married or registered partners inherit nothing. In that case, eviction laws come into play. According to Findlaw, most states have laws that give a person the legal right to live in a home when he or she has been cohabitating with the deceased person for a certain period of time, generally months. In that case, the individual(s) who inherit the property are required to go through an eviction process in a court of law. It generally takes a minimum of 30 days to evict someone.

Legal Precautions You and Your Partner Can Take to Protect Each Other:

Drafting a simple will allows partners to dictate what happens to their estate upon their death. A partner may leave everything he or she owns to the partner, including a home deeded in his or her name, or only a portion of the estate assets. If you and your partner are married but live in a state that does not recognize same sex marriages or are not married in any state, the surviving partner may have to pay hefty estate taxes.

Add your partners name to the deed. There are several choices in this category. Tenancy in common is shared ownership of the property. You may still be required to move out after your partner dies unless you can pay the value of the partner’s share to the person who inherits. Joint tenancy creates a right or survivorship. When one of the partners dies, the surviving partner gets sole ownership of the home.

The laws surrounding estate planning and intestate distribution are complicated. If you are in a partnership, it would be wise to consult with a lawyer who specializes in same sex estate planning.

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