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How do I find out who owns my deceased mums house?

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  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 5 July 2009 at 10:09AM
    foi1983 wrote: »
    Sorry, let me explain.
    When they married, the mortgage was in her name but the deeds of the house were in both of their names

    That doesn't make sense either, because if a house is in joint names, the mortgage has to also be in joint names, even if only one person is actually paying it. This is because if only one owner is named on the mortgage, and then defaults on the payments, the lender cannot evict the other owner, and so cannot repossess the property.

    You really need to find those papers, and seek legal advice, so you can get to the bottom of this.

    EDIT - I just read your other thread and I see that you already have a solicitor instructed to deal with the estate. So you really need to be discussing these issues with your solicitor.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • foi1983
    foi1983 Posts: 111 Forumite
    That doesn't make sense either, because if a house is in joint names, the mortgage has to also be in joint names, even if only one person is actually paying it. This is because if only one owner is named on the mortgage, and then defaults on the payments, the lender cannot evict the other owner, and so cannot repossess the property.

    You really need to find those papers, and seek legal advice, so you can get to the bottom of this.

    EDIT - I just read your other thread and I see that you already have a solicitor instructed to deal with the estate. So you really need to be discussing these issues with your solicitor.

    You're right. All I know is what I have been told by mum, dad, aunties...

    I will look for the papers and speak to the solicitors dealing with the estate.

    Thanks
    Slimming world member since 18 January 2010
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