Ex died and has apparently had a lodger in our jointly owned house

getmore4less

I think you need to go round and check the situation,
secure the property with or without the lodger.
get a valuation(sale and rental) and ask the mortgage company for an upto date statement of the account.

Finding out the net position will help with the decision making.

Start the plan to sell the place.

I think that as joint with the death certificate you can get the house transfered once that is sorted and deal with the mortgage/sale.

The solvency of the rest of the estate will determine the next step, as his kids are the benificiaries.

Rooibos

Slightly off topic but my ex died last year without a Will. Because our son was under 18 and the only benificiary I was the correct person to apply for the Letters of Administration and act as Executor on behalf of my son. I'm just saying because you mentioned that his mum isn't telling you anything with regard to the lodger. I know the house is yours anyway, but, sad though it is for her, you are the mother of the children and therefore the one best place to look after their interests in relation to anything else that might be in the estate for example, a car death in service benefit, pension etc.

BobQ

It is possible the OP does not want to sort the deceased's estate out as the ownership of the property automatically passes to her outside of any estate administration. The deceased's family are entitled to any of his possessions in the house. As mentioned above OP might still want to apply for Administration for her children (to secure other assets they are entitled to receive).

If the OP does not want to live in the house, it makes sense to visit it and seek clarification of the lodger's situation (accompanied by someone who is unlikely to be pushed around if there is aggro). There is no need to be aggressive in the matter, just explain who she is and ask what the lodger would like to do. This might get a negative response or the tenant might want to continue living there and pay rent and may produce some legal document.

If the occupier wants to stay, OP will have to decided if this is acceptable for a period but the mortgage provider would need to agree.

I would be careful about changing the locks at present. No point giving the occupant reason to cry foul or aggravating him. Obviously if there is reason to believe that the tenant has left the house then changing the locks would make sense.

OP should be able to get some basic legal advice from a solicitor that has a free half hour deal. OP maybe your present house insurance has a free legal helpline? Or maybe you are a member/customer of some other body that has a free legal helpline (eg a union or society). Or go to the CAB who can help you unlike Shelter.

Or you could look on:

http://www.adviceuk.org.uk/legal-advice/

or http://www.law.ac.uk/about/legal-advice-for-the-public/

CRANKY40

I think that Rooibos wasn't giving advice about the property. That now belongs to the OP. What Rooibos was saying was watch out for anything else that may now belong to any joint children. The estate of the ex would not automatically be passed to his mother if there are joint children. In addition, when I was widowed I was surprised to discover that my son is entitled to a pension in respect of his father until he turns 18. That is the kind of thing Rooibos means I think. It's advising the OP not to overlook other stuff in the panic about the house.

BobQ

CRANKY40 wrote: »

I think that Rooibos wasn't giving advice about the property. That now belongs to the OP. What Rooibos was saying was watch out for anything else that may now belong to any joint children. The estate of the ex would not automatically be passed to his mother if there are joint children. In addition, when I was widowed I was surprised to discover that my son is entitled to a pension in respect of his father until he turns 18. That is the kind of thing Rooibos means I think. It's advising the OP not to overlook other stuff in the panic about the house.

You are correct. I misunderstood his post when I first read it. Your comment may have been in response to my original post which I edited a few minutes later!

getmore4less

The deceased's family are entitled to any of his possessions in the house.


First post

OP oldest child is grieving for her father.

dancingfairy

Is there likely to be any money in the estate at all? Is there any equity in the property at all?
The main options that stroke me are
a) sell the house and try and repay the mortgage or
b) ignore it all, have the house repossessed and then go bankrupt. Yes, I know this would wreck your credit rating but if you are in rented it *may* not actually make that much difference in your circumstances and *may* prove less stressful than trying to deal with a druggie mate and a house you used to own with a violent ex which I'm assuming may not have the greatest memories for you.
You could do with talking this over with someone like women's aid who will understand and can support you.
Take care
df

BobQ

getmore4less wrote: »

The deceased's family are entitled to any of his possessions in the house.


First post

OP oldest child is grieving for her father.

And your point is what?

I was merely pointing out that while the house ownership (if held jointly) becomes the property of the survivor (ie outside estate administration) whereas the deceased personal property pass to the family.

The children are of course grieving but it is not the children who are posting on this forum.

BobQ

dancingfairy wrote: »

Is there likely to be any money in the estate at all? Is there any equity in the property at all?
The main options that stroke me are
a) sell the house and try and repay the mortgage or
b) ignore it all, have the house repossessed and then go bankrupt. Yes, I know this would wreck your credit rating but if you are in rented it *may* not actually make that much difference in your circumstances and *may* prove less stressful than trying to deal with a druggie mate and a house you used to own with a violent ex which I'm assuming may not have the greatest memories for you.
You could do with talking this over with someone like women's aid who will understand and can support you.
Take care
df

It is premature to speak of bankruptcy. It seems unlikely that the mortgage will be greater than the value of the property. The OP has not said this has she? It may be in arrears but the OP has not said by how much or how much equity is in it. It seems unlikely they took out a 100% mortgage. Would further loans have been secured on the property without the OP knowing?

Jvic28

I don't think it's unlikely they took out a 100% mortgage really. Many people did. And even if there was a deposit, it could well have been eaten into by the arrears. Also, the property could well have dropped in value, as many have, so it could be very likely the mortgage is more than the the value of the property. I know mine is and I haven't got any arrears.