Help needed on how to contest probate

Mush1020

Could anyone advise on on this situation.
My husband and his ex partner own a house together
As in joint mortgage. The ex partner has passed away and the executor as not declared the house on the probate forms and have advised this is now our problem.
Should the house be declare as part of the probate

TonyMMM

Was the property held as joint tenants or tenants in common ?

Mush1020

I am not sure I need to find out but my husband said when they signed for the mortgage it was a 50/50 split

Keep_pedalling

Sounds like the property was held as joint tenants, in which case the house is now your husbands which is hardly a problem.

Mush1020

Would I be able to contact the decision I don’t want the house

McKneff

Its not your house to reject. It is your husbands

Mush1020

Well he don’t want it either

TonyMMM

If they held it as joint tenants then he has always owned the house, it isn't suddenly becoming his so there is nothing to reject (even if he could) - if he doesn't want it, he can sell it.

Keep_pedalling

This is a first, no one wants an inheritance.

If the house was held as joint tenants, then you husband already owns it, if as tenants in common then he owns half of it. If he wants none of it then I am sure there is a charity out there who would be very happy for him to gift it to them.

Linton

Wont your husband want to sell the house to pay off the mortgage?


If the house was held as a joint tenancy then your husband automatically owns the house on the death of the other joint owner - it isnt part of the estate and so would not be declared for probate. From the non-actions of the executor this would appear to be the case. You or your husband can do nothing about it.



If it was held as tenants in common then each would own a specified % and the deceased ex's part would go through probate.


You need to be very clear as to which it was.

Mush1020

The house is worth a lot less then what!!!8217;s on the mortgage we will now have to pay this but we was assured by the executor that they would claim the life insurance and pay this off now they have said they are not going to and not put the property on the probate forms.