What would happen to the house if he died?

sam1609

Hi Everyone,

I hope someone can help me.....Its a little bit complicated so i will do my best to explain.

My partner and i are living in a property which was purchased about 2 years ago, at the time of buying the property my partner was unable to be named on the mortgage due to already being on another mortgage so my brother and i are named on the mortgage and the deeds as i was unable to be on the mortgage on my own. My partner and i pay all the monthly costs towards the house - my brother is simply just the name on the mortgage and has contributed nothing to the property.

We are in the process of getting the mortgage names changed but i am just wondering what would happen if my brother were to die before this did happen....he has two young children and is seperated from his girlfriend. My brother does not have a will and we have nothing to say that if he were to die the property would be soley mine.

Im so sorry if this is all sounding confusing and a bit of a mess but i would be so grateful of any advice. Thanks in advance

Cannon_Fodder

The deeds/title documents should reflect your type of joint ownership. Speak to your solicitor, if it is not clear.

If 'Joint Tenants' - his half will pass to you.

If 'Tenants in Common' - his half will pass into his 'estate', and will then be dealt with under intestacy laws, as he has no will.

This risks being complex and messy. If he has never married, it should go to the children, but as the children are young if the ex-girlfriend is appointed their guardian, she could (in theory) influence the sale of the house.

If he wants to be sure about what goes to the children on his death your brother needs a will. More so, in view of your arrangement.