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Death , just found out I'm tenant in common and not joint , advice needed x

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Hi everyone , I'm tying up loose ends , I'm named on the mortgage but apparantly I'm a tenant in common and not joint .

I've been advised re grant of probate etc etc ? I'm paying a lArge amount off the mortgage when my late husbands death in service payment comes thru leaving me with a small mortgage , there are no savings no assets etc

It's just a case of wanting to get the property directly in my name , why does probate scare the hell out of me ?

Is this straightforward and will it cost a lot of money to go through this process , we were married 15 years if that makes any difference x
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Comments

  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Kerri7767 wrote: »
    Hi everyone , I'm tying up loose ends , I'm named on the mortgage but apparantly I'm a tenant in common and not joint .

    I've been advised re grant of probate etc etc ? I'm paying a lArge amount off the mortgage when my late husbands death in service payment comes thru leaving me with a small mortgage , there are no savings no assets etc

    It's just a case of wanting to get the property directly in my name , why does probate scare the hell out of me ?

    Is this straightforward and will it cost a lot of money to go through this process , we were married 15 years if that makes any difference x
    Probate should not be too difficult. Half of the house value will form part of your late husband's estate. Did he leave a will? We're there really no other assets such as bank account, a car or other belongings? If you have not done so already you need to talk to your mortgage lender.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Kerri7767 wrote: »
    I'm tying up loose ends , I'm named on the mortgage but apparantly I'm a tenant in common and not joint .

    Which means your OH could have left his half to someone other than you.

    Did he leave a will?
  • Kerri7767
    Kerri7767 Posts: 43 Forumite
    No car , no savings ? Just had 400 in a bank account , there are no things " to share " as such ... my main concern is transferring the house to my name , to secure it for our children
  • Kerri7767
    Kerri7767 Posts: 43 Forumite
    Hello , no will was left , no assets , only death in service payment which goes to me and does not form part of his estate
  • Kerri7767
    Kerri7767 Posts: 43 Forumite
    Hi Yorkshireman , can honestly say no assets . 400 in his bank account and approx 13k credit card debt , one cc company has already wrote the debt off x
  • Keep_pedalling
    Keep_pedalling Posts: 20,762 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Probate is really quite straight forward, and nothing to be scared of. If your husband's estate is below £250k then it is really very simple but if it is higher than that then some will go to your children, which complicates things somewhat especially if any of them are minors.
  • Kerri7767
    Kerri7767 Posts: 43 Forumite
    Oh that's a relief to know , seriously no assets , I'll pay the mortgage most of it off with the death in service , is probate expensive ? Do I need a solicitor x
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Kerri7767 wrote: »
    seriously no assets

    He owned half the house - that's an asset.
  • Kerri7767
    Kerri7767 Posts: 43 Forumite
    I suppose what I'm wanting to know is it easy for Paul share to go to me as his wife ( as I will also be paying the mortgage from death I. Service) it's really shook me up this part x
  • Kerri7767
    Kerri7767 Posts: 43 Forumite
    But it had full mortgage left to pay ? No equity at all ? I'm so confused
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