How low can you go?

Claire86

Claire86 wrote: »

Hi

The reason his aunt owns the house is because the will was written when my partner was very young and his mother set it up in a way that if she died when my partner was still a kid then no one could argue the bit and get it taken from him (she had left his father and thought this might be a possibility).

Freddielover....As quoted above so maybe you should read more than just assume....she didn't make her choice based on who she wanted to get it. She never changed the will later on. The way it was written up was to make sure he still had a roof over his head if she died when he was still young. Seeing as he was a late baby and she was disabled I would say that was fairly reasonable at the time as she was trying to protect him from her ex husband at the time. Things happen and people forget to change things. So yes why shouldn't he have the right to the house he grew up in.

Claire86

His aunt pays the mortgage (interest only)

I have no idea what it says about ongoing occupation by him.

I am just going based on what I've been told by his aunt/his mother when she was still alive. There no need for people to berate me (freddielover) for asking if you can get a mortgage for such a low amount. I am sorry I can't be clearer on the matter because that's all the info I have. The end game was that the house was to be his (mothers and aunts choice, not his) but it can't be done now until the last bit of the mortgage is paid off...or so I'm told.

theoretica

Have you got a copy of the will? The exact wording might be useful as the other executor being involved sounds like some form of trust or something might have been set up.

Claire86

No we don't have a copy. I believe you could be right in that it's probably in a trust type thing.

I would also like to add my thanks to all that have tried to help me so far. Also that if anyone is wondering why we don't pay towards the mortgage it's not for trying. We've always offered to pay towards it etc but his aunt refuses the help with it or I guess it would have been paid off sooner rather than sitting there with the £2000 still on it. I don't want to have to face the situation of this being stuck in limbo as his aunt is older, she could go on for another 10 years or 10 months at this point (she doesn't keep well) Getting it sorted now can be the difference between paying a few grand now or that and a whole bunch more in solicitor fees.

Thrugelmir

Claire86 wrote: »

His aunt pays the mortgage (interest only)

Are you sure it's just £2,000.

worried_jim

Thrugelmir wrote: »

Are you sure it's just £2,000.

It doesn't quite add up, there must be more going on. How can a house still (part) owned by a bank be passed on? Surely it gets sold as part of the estate the debts get settled and the remaining balance goes to the Aunt as named in the will.

getmore4less

Check the estate has gone to probate and get a copy of the will.

https://www.gov.uk/search-will-probate

Claire86

I'm saying around £2000 because that's the last I was told. I know she's paying something for it because I accidentally opened at letter addressed to the representative of the estate (I got a bit lazy and let a tonne of mail build up so was just firing through it all) and it was about a change in the payments.

getmore4less

Claire86 wrote: »

I'm saying around £2000 because that's the last I was told. I know she's paying something for it because I accidentally opened at letter addressed to the representative of the estate (I got a bit lazy and let a tonne of mail build up so was just firing through it all) and it was about a change in the payments.

When was that, I suspect the estate administration was never done or maybe started but not completed.


You need to go back 7 years to the death of the parent and work forward.

Get the will(if it was submitted for probate)
Get the land registry records for the house to find out who the legal owners are.

the will was written when my partner was very young and his mother set it up in a way that if she died when my partner was still a kid then no one could argue the bit and get it taken from him

The way it was written up was to make sure he still had a roof over his head if she died when he was still young. Seeing as he was a late baby and she was disabled I would say that was fairly reasonable at the time as she was trying to protect him from her ex husband at the time. Things happen and people forget to change things. So yes why shouldn't he have the right to the house he grew up in.

You cannot get anywhere with this without knowing what was in the will and what has been done since.

GrumpyDil

As has been said you need to get a copyof the will. If your aunt can't or won't get one from the probate registry. Also download a copy of the title deeds for the house from the land registry.

You need those to be 100% certain what the will said and so you know what has been done with the house.

Once you have that information it will be a lot easier for people to help ypu because at the moment it is all guess work.