Dying intestate with a joint mortgage

I have a joint mortgage with my Mum. If she was to die intestate, would the equity in the house automatically go to me, as the other person named on the property, or to my Step-Dad, as her next of kin?

I know that usually when someone dies, the property goes completely to the other person named on the deeds but someone I was speaking to thinks my Step-Dad could claim for it (not that I think he would).

Thanks

Comments

  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    edited 16 February 2015 at 4:26PM
    inch_high wrote: »
    I have a joint mortgage with my Mum. If she was to die intestate, would the equity in the house automatically go to me, as the other person named on the property, or to my Step-Dad, as her next of kin?

    I know that usually when someone dies, the property goes completely to the other person named on the deeds but someone I was speaking to thinks my Step-Dad could claim for it (not that I think he would).

    Thanks
    Next of kin has no legal mening in this context. it depends on how the property is held. Joint tenants or tenants in common.
  • TBagpuss
    TBagpuss Posts: 11,198
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    If you and your mum own the house as joint tenants, then the house passes to you automatically. If you own as tenants in common then your mum's share will pass to her estate, and will go to her husband, although her share, like yours, is subject to the mortgage.

    Do you know how you own the property?

    A joint mortgage does not determine how you own the property - if you have the paperwork from when you bought the house, if not, you can check by getting office copies from the land registry
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Thanks for your replies guys. It was definitely a joint tenants mortgage.
  • TBagpuss
    TBagpuss Posts: 11,198
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    A mortgage is always 'joint and several liability'.

    The mortgage is irrelevent to the way in which you own the house - they are totally separate issues.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Mojisola
    Mojisola Posts: 35,551
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    inch_high wrote: »
    I have a joint mortgage with my Mum. If she was to die intestate, would the equity in the house automatically go to me, as the other person named on the property, or to my Step-Dad, as her next of kin?

    Is the house his home? A widower could have a claim on his deceased wife's estate under some circumstances.
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