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Joint mortgage mess

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Mike1006
Mike1006 Posts: 13 Forumite
Third Anniversary 10 Posts
edited 12 October 2020 at 4:12PM in Mortgages & endowments
Hi, My friend has/had a mortgage with an ex. The split some years ago and she has stayed in the house and continued to live in the property and pay the mortgage. On the mortgage they had joint tenants. She recently wanted to sell the house and was in the middle of this with her ex. The ex has now passed away. A week to two weeks after he passed, his family and their solicitor put in an application to land registery to change from joint tenants to tenants in common. because this was applied for after his death, can this happen ? Her understanding was as soon as he died the mortgage was in her name only now and she owned the house outright ? This has put a hold and delay on everything and is a lot of stress for her. She now has to fill in forms etc for land registry to prove she had joint tenants. Any advice would be great. She has spoken to her solicitor but obviously this is costly everytime. 

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  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 October 2020 at 9:26PM
    I think you need to take advice from her solicitor but as joint tenants ( owners) if one the tenants ( owners ) dies it automatically goes to the surviving owner.
    The ex,s family may not be happy but I don't think they can apply after his death.
    Did he make a will ?
    Did she stay in the house with the children ?
    Did he buy another property or have a pension ? Assets?
    What was agreed when they split up ? 
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The mortgage does not automatically transfer from joint to sole on death. 

    What has the solicitor actually advised? 
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