Need to sell house

wyntersmum

Hi I need help. I split with my husband around 2 years ago. Less than 6 months he moved someone in. He passed away Dec 2020 I've applied for probate and its been granted. But his girlfriend is still I. The house. Won't let me in and won't speak to me. Has never payed towards anything. I need to sell the house to pay off his mortgage and debts. No tenancy agreement ect. Where do I stand/what can I do to get her out. I'm on uc so can't really afford a solicitor. Tia

Keep_pedalling

You will need to evict them but it is probably best to ask this over on the housing board where you will find more expertise in how you go about this. Provide more details though as it may make a difference if she had been living with your ex for many years.

Marcon

wyntersmum said:

Hi I need help. I split with my husband around 2 years ago. Less than 6 months he moved someone in. He passed away Dec 2020 I've applied for probate and its been granted. But his girlfriend is still I. The house. Won't let me in and won't speak to me. Has never payed towards anything. I need to sell the house to pay off his mortgage and debts. No tenancy agreement ect. Where do I stand/what can I do to get her out. I'm on uc so can't really afford a solicitor. Tia

Need some more info, please.

Who owns the house and how is it owned: sole owner, joint tenants or tenants in common?

Are there any financial arrangements in course of preparation for a divorce? Sounds as if you are still married, albeit living apart.

Did he leave a will and if so, what does the will say in relation to the house? 

Why did you apply for probate? Are you sure his estate is solvent (once the house has been sold)?

74jax

wyntersmum said:

Hi I need help. I split with my husband around 2 years ago. Less than 6 months he moved someone in. He passed away Dec 2020 I've applied for probate and its been granted. But his girlfriend is still I. The house. Won't let me in and won't speak to me. Has never payed towards anything. I need to sell the house to pay off his mortgage and debts. No tenancy agreement ect. Where do I stand/what can I do to get her out. I'm on uc so can't really afford a solicitor. Tia

Is there a reason you are doing this? Once the mortgage, debts and bills are paid off is anything left over?

Is there a will? Are you the executor? Is his girlfriend a beneficiary? 

xylophone

The OP and the deceased had remained married despite separation?


If so (and assuming in England/Wales),  as the deceased died intestate (and presumably without issue as OP does not mention children),  the OP as his spouse is entitled to inherit his whole estate.

The OP refers to his mortgage.


Presumably  therefore the house was solely owned by the deceased.


One assumes that the OP has checked that the value of the deceased's assets is greater than the value of  his liabilities and has decided to obtain probate and administer the estate on that basis.

The mortgagee requires repayment of the mortgage loan.

On assumes that if this is not forthcoming, foreclosure will be the outcome?

74jax

xylophone said:

The OP and the deceased had remained married despite separation?


If so (and assuming in England/Wales),  as the deceased died intestate (and presumably without issue as OP does not mention children),  the OP as his spouse is entitled to inherit his whole estate.

The OP refers to his mortgage.


Presumably  therefore the house was solely owned by the deceased.


One assumes that the OP has checked that the value of the deceased's assets is greater than the value of  his liabilities and has decided to obtain probate and administer the estate on that basis.

The mortgagee requires repayment of the mortgage loan.

On assumes that if this is not forthcoming, foreclosure will be the outcome?

We don't know there was no will though? The op hadn't clarified yet. 

xylophone

We don't know there was no will though? The op hadn't clarified yet. 

You are right.

It is possible that the deceased had made a will and named the OP as executor.

She may also be among the beneficiaries or even sole beneficiary.

She has obtained probate and therefore has accepted responsibility for administering the estate which includes dealing with its debts.

One of these is his mortgage.

Presumably the mortgagee has been advised of the death snd will require repayment of the loan. As I said above, if it is not repaid then foreclosure and forced sale  may follow?