House title

antrobus

madbadrob wrote: »

Firstly the property now automatically passes to the wife of the deceased and as such the decision as what to do with the property now is up to her.....

Ooops wrong.

!!!!!! wrote: »

You first need to clarify whose name(s) the house is in and whether it is joint tenants or tenants in common.....

Correct answer.

!!!!!! wrote: »

...If the OP is still joint tenant with the ex then the new wife does not get a look in and it automatically goes to the OP

At the mention of divorce and the former marital home one should (of course) establish what was said in the consent decree about the property.

Crabapple

So basically the Estate is insolvent and the house is in negative equity?

In a normal situation the wife would be taking out a Grant and dealing with assets, and receiving them up to a certain limit, but she doesn't want to get involved according to the op.

Generally on here the advice is not to get involved in administering an insolvent estate. However, if the wife does not want to take out a Grant (and someone would need to sign the house over) you could do so on behalf of your minor child who would be the next person entitled under intestacy.

I would definitely take some legal advice on your position before getting involved in that situation, even if you are convinced that the debts are all going to be written off. You still would have a house with £25k more debt against it than worth and by the sounds of it a lot of work to be done as well. Regardless of your personal reasons for wanting the property, financially this does not appear to make any sense.

wanting_an_easy_life

House title

madbadrob

!!!!!! wrote: »

You first need to clarify whose name(s) the house is in and whether it is joint tenants or tenants in common.

If the OP is still joint tenant with the ex then the new wife does not get a look in and it automatically goes to the OP

No it doesnt. It goes in trust for the children of the deceased

Rob

getmore4less

!!!!!! wrote: »

You first need to clarify whose name(s) the house is in and whether it is joint tenants or tenants in common.

If the OP is still joint tenant with the ex then the new wife does not get a look in and it automatically goes to the OP

madbadrob wrote: »

No it doesnt. It goes in trust for the children of the deceased

Rob

Survivorship through a joint tenancy trumps the intestate order or a will as the asset is 100% owned by the joint tenants(s) and is not available to be inherited by anyone.

Issue is there is no property as there is secured debt that exceeds the value that trumps everything.

wanting_an_easy_life

House title

madbadrob

Firstly y apologies with my replies. Having read them back I do not know what I was saying Mental note to self to check what I have typed before posting. As the OP as now edited her posts I cant respond how I would have liked but I do think she said in her original post that the ex owned the house and mortgage and as he had custody of the child he had been given the house. My post re checking the Land registry linked with the fact the house passed to the spouse was based on the OP's first message and the fact he could have attached the second wife's name as TIC or even JT. Hopefully that clears up the misleading posts I had made

Rob