Very complicated and need help/advise

edited 30 November -1 at 1:00AM in ISAs & Tax-free Savings
23 replies 1.9K views
Loulou1811Loulou1811 Forumite
9 Posts
edited 30 November -1 at 1:00AM in ISAs & Tax-free Savings
Hello, I’m in need of some help/advise/guidance , I’ll try my very best to cut a long story short but at the same time give you as much info!

About 7 years ago I was married to my children’s father we bought a house in my name and when we divorced he continued to live there and pay the mortgage and it was discussed in the divorce that it was to be signed over to the children, fast forward to now, he unfortunately passed away just over a month ago, I’ve had a letter and telephone call of his solicitor stating that I need to hand over permission for her to sell the house use the money to pay of the mortgage and split the remaining money between the children? Is that right do I hand over all permission to someone I don’t know! I mean it’s a big risk. Also with all the money that there going to be receiving I mean from two houses , cars and caravans and whatever he already has in the bank for them, where do I put it, what bank do I trust with it or shall I just bury it somewhere and keep the coordinates (joke) lol I want to protect there future they have been blessed with a father who have provided them with a decent nest egg for their future and for the next 10:12 years it’s my job to protect it and I don’t know what to do, like I say I don’t work so I can tell afford legal advise so I’m turning to you lovely people to get some help.
Looking forward to your replies

:)
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Replies

  • I probably forgot to explain he has another house that he purchased in my daughters name caravans in both their names as well as vehicles in their names.
  • JGB1955JGB1955 Forumite
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    Are your children under 18?
    #2 Saving for Christmas 2021 - £1 a day challenge £650/£638.
    #36 Saving for Christmas 2020 - £1 a day challenge.... £634/£366..
  • eskbankereskbanker Forumite
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    Who actually owns the house right now? The fact that you're being asked for permission suggests that you have at least a stake, either as part owner (legally) or trustee for the children, and either way round you should be able to choose who to sell it for you, unless there are perhaps other trustees.

    I don't see how you can avoid informed legal advice to be honest, rather than the well-meaning comments of random strangers on the internet - perhaps it's worth discussing with Citizens Advice?

    Who represented you in the divorce, when agreeing the division of financial assets? Hopefully these arrangements are formally documented?
  • House is fully owned by me, there was a declaration of trust signed stating he could continue living there as long as he continued to pay the mortgage which is in my name, I represented my self in divorce.
  • Yes 7 and 10 years old
  • eskbankereskbanker Forumite
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    Loulou1811 wrote: »
    House is fully owned by me, there was a declaration of trust signed stating he could continue living there as long as he continued to pay the mortgage which is in my name, I represented my self in divorce.
    If the house is yours, then surely it's now entirely up to you to choose what to do with it? You're presumably liable to be paying the mortgage right now, for example?

    Your ex's will presumably states that all his assets pass to the children, but if the house isn't his then it's not up to him to leave it to anyone and nothing to do with his solicitor on the face of it.

    Not directly relevant and too late now, but it sounds like there were plenty of assets within the marriage so would have thought that there would have been funds available for both of you to engage suitable legal advice, as it seems a bit lopsided for him to have a solicitor but you not to. Even though it's too late to do anything about the original divorce arrangements now, it does sound like you need proper informed advice about how to deal with the inheritance for your children - I'm not sure if the cost of such advice can be met from the inheritance itself perhaps?
  • Reed_RichardsReed_Richards Forumite
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    HM Land Registry will have on record who owns the house. Hopefully the solicitor acting on behalf of your late ex-husbands estate has not seen the Land Registry document and assumed that your ex-husband had some claim on the house because he was paying the mortgage. Or you don't own the house when you think you do.
    Reed
  • AnotherJoeAnotherJoe Forumite
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    Loulou1811 wrote: »
    House is fully owned by me, there was a declaration of trust signed stating he could continue living there as long as he continued to pay the mortgage which is in my name, I represented my self in divorce.


    How then can his wife sell it ?
  • Reed_RichardsReed_Richards Forumite
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    AnotherJoe wrote: »
    How then can his wife sell it ?
    Did he remarry? I don't think the OP said so. The person seeking to sell the house (as I read it) is the (female) solicitor of the OP's ex-husband; presumably acting in the capacity of administrator of his estate.
    Reed
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