Mortgage liability following death of ex partner

jpr_74

Up to 2010, I had a joint mortgage with my then partner.

We then split up and I moved out and declared myself bankrupt and started a new life. The house was on my bankruptcy declaration. She also declared herself bankrupt in 2011, but she was able to keep up the mortgage payments and continue to live in the property.

I never managed to get my name from the mortgage, as I would have had to either sell the property, or buy her out. Due to the bankruptcy, this could not have happened, and also I don't have any interest in the property.

Since then I had checked with my receiver with regards to my liability telling me that I would not be liable for any shortfall for any missed or defaulted payments and I would be protected by the terms of the bankruptcy. I would also be protected by the terms of the bankruptcy should the property be repossessed and sold at shortfall.

The house was never repossessed and she continued to live there.

I have recently found out that my ex partner has passed away, and now my credit file has shown that there is one payment in arrears already.

I have had no contact with anyone from my ex's family since bankruptcy. I was going to call the mortgage company to find out what is likely to happen, but am worried I would leave a footprint as it were and then they would chase me for payments.

Where do I stand? Should I contact the mortgage company?

maninthestreet

Presumably, the property is now yours to do with as you wish if you are still on the mortgage and on the property deeds now your ex-partner has passed away?

lonestarfan

maninthestreet wrote: »

Presumably, the property is now yours to do with as you wish if you are still on the mortgage and on the property deeds now your ex-partner has passed away?

That's an interesting statement. Who really owns this property now? I would say it's her estate but I'm no legal eagle.
Do you have the means to pay the mortage? Do you want to make it your home and take over moratge payments? Is there any equity in it do you think? If there's equity then if you are a discharged
Bankrupt now then who's equity is it. No doubt someone with more expertise will be along shortly. Good luck with it all.

getmore4less

Start with how did you own the property

joint tenants or tenants in common?


Did your bancrupcy give over your rights equity to the ex?

I think I would get proactive here, the house is potentialy yours or part of it is or there needs to be some action to show none of it is.

The admistrators of her estate will need you to cooperate to do anything with the mortgage or house.

Can you go back to your OR to ask about how you protect yourself from shortfall and defaults.

jpr_74

Thanks for your replies....

Well I have moved on and don't want anything to do with the property, and never have done since 2010 post BR. I have no desire to keep up with the payments either as there is no equity in the property.

At the time, we were joint owners and up to now we still were whether I liked it or not. The mortgage company have advised me that they will seek litigation after 3 months, which is understandable from their point of view.

The receiver did say to me that I "would not be liable for any shortfall for any missed or defaulted payments and I would be protected by the terms of the bankruptcy. I would also be protected by the terms of the bankruptcy should the property be repossessed and sold at shortfall" - however this seems to contradict what the mortgage company tell me.

Plus there is the added situation of cleaning up my credit file post BR, which was going well until now.

getmore4less

You have two option as I see it.

Do nothing and clean up the mess as it unfolds.

Get proactive and find out whats going on

Upsidedown_Bear

Duplicate thread here:
https://forums.moneysavingexpert.com/discussion/5200651