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

Mojisola

Kerri7767 wrote: »

But it had full mortgage left to pay ? No equity at all ? I'm so confused

Then he didn't have any assets.

The problem is that his estate was insolvent and the usual advice to not to do anything but you need to deal with the estate in order to get the house in your name.

https://bereavementadvice.org/topics/probate-and-legal/insolvent-estates

If a couple aren't planning to dispose of their half of the house to someone other than their spouse, it's much easier if the house ownership is 'joint tenants'.

GothicStirling

You will have to settle this £13k debt, otherwise the debtors are going to demand that you sell the house to satisfy the debt. In no way can the estate be described as insolvent.

Kerri7767

I've already been told by one of the credit companies this was his sole debt not mine and not attached to the house .....

RADDERS

GothicStirling wrote: »

You will have to settle this £13k debt, otherwise the debtors are going to demand that you sell the house to satisfy the debt. In no way can the estate be described as insolvent.

Further up the op has explained that there was a mortgage and no equity so please don't cause any more worry for her.

Yorkshireman99

Wrong! The estate has negligible assets so the creditors would get nothing. The Op should go to the CAB and get some advice. Using the DIS benefit to clear most of he mortgage is a wise move. Technically the estate is probably insolvent which is why the OP should get some proper professional advice. As I said before the first thing is for her to talk to the lender. If they are agreeable it may be possible to avoid probate.

Kerri7767

Thank you , spoke to the lender , they are happy for me to settle mortgage once money comes in however they've advised to sort the probate out and get house sorted in my name , this is a great group , you've all helped me . X

getmore4less

You do not need probate/letters of administration to sort out the house.

All you need is the death certificate to remove the hubby from the legal ownership of the property.

You will then be the sole legal owner and responsible for the secured debt if already a party to the mortgage.


The beneficial interest in the equity is part of the estate.

Mojisola

getmore4less wrote: »

You do not need probate/letters of administration to sort out the house.

All you need is the death certificate to remove the hubby from the legal ownership of the property.

You will then be the sole legal owner and responsible for the secured debt if already a party to the mortgage.

AIUI, that's the case if you are joint tenants because you both own all the house but if you are tenants in common, you don't own the deceased's share.

Kerri7767

Yorkshireman99 wrote: »

Wrong! The estate has negligible assets so the creditors would get nothing. The Op should go to the CAB and get some advice. Using the DIS benefit to clear most of he mortgage is a wise move. Technically the estate is probably insolvent which is why the OP should get some proper professional advice. As I said before the first thing is for her to talk to the lender. If they are agreeable it may be possible to avoid probate.

I hope the solicitors have come across this situation before , both on mortgage for years but only just found out about TIC , I did look at the rules of intestacy and it looked simple re the house , I'll guess I'll know more on Monday when I speak to a solicitor

getmore4less

Mojisola wrote: »

AIUI, that's the case if you are joint tenants because you both own all the house but if you are tenants in common, you don't own the deceased's share.

Works for TIC as well.

Only when the last legal owner dies is a grant needed to change the legal owner(s).

The beneficial ownership needs to be sorted but if the property is in negative equity there is none.

There are differences in the process to sell with one legal owner but these are easily sorted when needed.


Plenty of threads cover this as it comes up regularly and the myth was corrected by the land registry rep.

Since it has been mentioned the lender gets no say in this change/removal on one of the legal owners.