What is Brother's Ex Entitled To?

st1ckyw1cket

Hi
My very first post so please be gentle with me but just don't know where to turn for help.
My brother still lived at home when my mum died in 1991. Mum left half of the house to each of us so later that year, my brother and his partner took an endowment mortgage of 25k to pay me half of the value of the house.
She left in 2006 – they borrowed a further 25k on the mortgage (this time repayment) telling the building society this was for home improvements – she took this money as part payment of the profit she was due, As the house was worth approx 120k at this point and my brother couldn’t afford to buy her out fully, they had a will made up that if he dies she gets the house, if she dies, he gets the house. My brother really didn't want to sell the family home and she said this was the only way around it.

However, she has since married and the will clearly states this would make the will null and void.
The problem is, my brother can't increase his mortgage as the building society would not lend him the amount he may need. Because she is still showing on the mortgage and is on the deeds, where would he stand legally? She has made nil payments in the last 6 years so has she any legal standing and is there any way he can have her removed from the mortgage and deeds? The endowment is going to be 11k short in 4 years time – would this be taken into consideration if she is still on the mortgage?
Thanks in advance.....

Thrugelmir

Can your brother not afford to pay a mortgage which at the most is £50k ?

st1ckyw1cket

It might not be 50k though - she may ask for more money to be taken off the mortgage and deeds?

WYSPECIAL

Was there a consent order when they divorced?

opinions4u

Sounds very messy. See a solicitor.

st1ckyw1cket

They were never married - I'm just not sure what the legal side of things are - she hasn't contributed to the mortgage for over 6 years but is still showing on it - if ever my brother decides to sell his house just what would she be entitled to?

getmore4less

Is the house held as joint tenants or tenants in common?

If joint then the will are not so relevent.

If tenants in common what was the equity split?

Just looking at the arrangement

She bought into 1/2 of £25k which was a 1/4 share of the house

value when left £120k so 1/4 share is £30k less 1/2 the mortgage is £17.5k so she got more than her fare share already(depending on value of endowmant at t time).

legaly this could well be very different.

st1ckyw1cket

I'm sorry I don't know what tenants in common or joint tenants means?
He also feels she has had her fair share but as she is still on the mortgage and deeds I don't know where my brother stands legally