Very tricky situation after death.

karcher

It would be easier to state the relevant facts in the OP.

ie. GF died. She is divorced and has 2 adult children who have been left her estate in her will. The deeds of the house are in her name but the interest only mortgage in joint names with her ex husband.
Does he have a claim on the house?

I didn't think you could have a mortgage on a house if you aren't on the deeds?

Has the ex made any claim on the house?
Do the adult children live in the house?

missbiggles1

Was there any life insurance attached to the mortgage?

davidmcn

Thrugelmir wrote: »

The immediate issue is that the existing mortgage needs to be discharged. Do the children earn enough to take on the mortgage in their own right?

And even if they can, do they want to? They may prefer to sell up and go off and do their own thing.

We don't know what else is in the estate e.g. can mortgage be repaid from other assets, life insurance etc?

getmore4less

what were the full terms of the divorce?

being on the deeds only cover the legal ownership not the beneficial interest.

This is key because the kids have not inherited a house only the beneficial interest that the mother had as that is all that is in her estate.

Thrugelmir

davidmcn wrote: »

And even if they can, do they want to? They may prefer to sell up and go off and do their own thing.

OP said....

stay in the house if possible

Thrugelmir

karcher wrote: »

I didn't think you could have a mortgage on a house if you aren't on the deeds?

Not an issue to do so. Often the case when parties get divorced and one gets the property in the settlement (eg home for the children). However isn't able to remortgage into sole name.

Very limited number of lenders will allow being named on deeds but not the mortgage.