If the home is in both spouses’ names, do we need to mention it in our wills?

It can still be helpful. In many joint ownership arrangements, the surviving spouse becomes the sole owner when one spouse dies. Your wills can then explain what happens to the home after the surviving spouse dies, such as leaving it to children in equal shares or selling it and dividing the proceeds.

What if I want one child to live in the home and others to receive value?

You can state in your will that a particular child may live in the home for a time or has the option to buy out siblings at fair market value, while others receive their share in cash from a sale or from other assets. Complex arrangements may benefit from legal advice.

Does my mortgage go away when I die?

No. The mortgage generally remains attached to the property. Your heirs can often keep paying, refinance if possible, or sell the home and use the sale proceeds to pay off the loan, with any remaining value distributed according to your will.

Can I leave my home to a friend or unmarried partner instead of relatives?

Often yes, and this is one of the main reasons to have a will. Without a will, intestate succession laws usually prioritize legal relatives and may not provide for unmarried partners or friends at all.

What happens if I move to a new home after writing my will?

If your will lists a specific property address, moving to a new home may require updating your will so it correctly reflects your current property. If your will uses more general language, it may still work but should be reviewed when you move.

How to Leave Your Home to Family in Your Will: A Simple 2026 Guide (US)

This guide is best for you if:– You own one primary home (and maybe a simple rental)– You want to leave it to family or loved ones without confusion– Your situation is otherwise straightforward

You should strongly consider talking to a lawyer if:– You own multiple properties or investment real estate– You have a blended family or expect disputes– You want to use trusts, LLCs, or advanced tax planning

TLDR — How to plan for your home

Understand how your home is titled (in your name alone, jointly, etc.)
Decide who should receive it (one person, multiple people, or to be sold and split)
Write clear instructions in your will about who gets the home or sale proceeds
Remember the mortgage and costs (debt does not vanish)
Tell your executor what you’d prefer (keep, sell, or offer buy‑outs)
Review your plan when you move, refinance, or family changes

HeirLight helps you think through your home and other assets in plain English and then generates a will you can print and sign according to your state’s rules. HeirLight is not a law firm and does not provide legal advice.

1. First step: how is your home owned?

Before you decide how to leave your home, you need to know how it’s titled today.

Common options:

Sole ownership – the home is in your name alone
Joint ownership with survivorship (often spouses) – the survivor automatically owns the home when one owner dies
Tenants in common – each co‑owner has a share that can be left in a will

Why this matters:

If you own the home by yourself, your will can say who should receive it.
If you own it with survivorship, your interest often passes automatically to the co‑owner at death, regardless of what your will says.
If you own as tenants in common, your share can typically be left to someone in your will.

If you’re not sure how your home is titled, look at your deed or ask your title company, lender, or a local professional.

2. Decide what you want to happen to the home

Ask yourself:

Do I want one person to receive the home?
Do I want multiple people to share it?
Would I rather the home be sold and the money split?
Is there anyone I do not want to inherit an interest in the home?

Common choices:

“I want my spouse to own the home outright.”
“I want my children to own it together in equal shares.”
“I want the home sold and the proceeds divided equally among my children.”

There’s no single right answer. The key is to make a decision on purpose, instead of leaving your family to guess.

3. How to leave your home in a will (simple examples)

Here are simple educational examples of language people use in wills:

Leave the home to one person:

“I give my home located at 123 Bay Street, [City, State], to my spouse, Taylor Lee.”

Leave the home to multiple people:

“I give my home located at 123 Bay Street, [City, State], to my children, in equal shares.”

Ask for the home to be sold and money divided:

“I direct my executor to sell my home located at 123 Bay Street, [City, State], and to divide the net proceeds equally among my children.”

HeirLight helps you express these kinds of choices in plain language during the guided will experience.

4. What about the mortgage and other costs?

Dying does not automatically pay off a mortgage.

Typically:

The mortgage still has to be paid
Property taxes and insurance still come due
Utilities and maintenance continue

Options your executor and heirs might have:

Continue paying the mortgage and keep the home
Refinance (if allowed and affordable)
Sell the home, pay off the mortgage, and distribute what’s left

Your will can give general guidance, for example:

“I authorize my executor to sell my home if necessary or advisable to pay debts, expenses, or to carry out my wishes.”

Life insurance or savings can also be used to help the person who inherits the home afford the payments.

5. Leaving the home to multiple children: common issues

Leaving a home to multiple children can be loving and complicated.

Potential issues:

One child wants to keep the home; another wants to sell
One child can afford upkeep; others cannot
Disagreements about whether to rent, sell, or live there

Ways some families handle this in a will:

Direct an eventual sale and equal split of proceeds
Give one child the option to buy out the others at fair market value
Explain that the home should be sold within a certain time if they cannot agree

You don’t have to solve every detail, but giving basic guidance can prevent arguments later.

6. If you are a renter

If you rent your home:

You generally do not leave the apartment or lease in your will
Your estate may still owe rent or fees for a short period
Your executor will usually handle ending the lease and clearing the home

Instead of worrying about “leaving” the rental, focus on:

Who inherits your belongings inside the home
Who receives your security deposit, if any
Making things simple for whoever helps clean out the space

7. How this fits into your overall plan

Your home is just one piece of your estate.

A simple plan usually includes:

A will that covers your home, other assets, beneficiaries, executor, and guardians
An advance healthcare directive and healthcare proxy
A durable power of attorney for finances

Together, these documents help your family with:

What happens to your property
Who can make medical decisions
Who can handle money and paperwork if you’re unable

Plan for Your Home and Other Assets with HeirLight

Your home is usually one of the biggest pieces of your estate. Clear instructions can spare your family from guessing, arguing, or scrambling under pressure.

HeirLight helps you:

Decide who should receive your home and other major assets
Name an executor, beneficiaries, and guardians
Create a will, healthcare directive, and power of attorney in one guided flow

You start for $0, answer human‑friendly questions, and then print and sign your documents according to your state’s rules.

Important: HeirLight is not a law firm and does not provide legal, tax, or financial advice. Our tools are educational and self‑help in nature. For complex property situations, multiple homes, rentals, or estate‑tax questions, you should consult a licensed attorney or advisor.

If your home is a big part of your story, taking 20–30 minutes to write down who it should go to is one of the clearest gifts you can leave behind.