Complicated Inheritance/property

Gwezz

I have been granted probate of my late husband estate, our children are listed as beneficiaries. Problem is the only asset is his previous home which is ex-wife and children are currently living in. The home is mortgaged which finishes in 15 month and it an endowment mortgage. Problem is I'm not on talking terms with the ex-wife and I'm afraid the bank with reprocess the property in 15months time when the mortgage is due as she is unable to get another mortgage on the property. Am I able to sell it with the family being present?

elsien

No sensible buyer is going to buy a house that doesn’t have vacant possession. 

In your position as executor, you may have to write to her to discuss the plans for the property. You can’t really just wait and see what happens. 

JGB1955

How is the house owned?  Solely by your husband?  Tenants  in common with?? Joint ownership with ???

mattojgb

Who's name is the mortgage in?

poppystar

Is there nothing in the divorce settlement that covers this situation arising? 

Savvy_Sue

What were the terms of the endowment? I may be mis-remembering, but I think our first - endowment - mortgage, included an element of life insurance, so it would have been paid off if either of us had died before the endowment matured. 

I also seem to remember that we were paying monthly for the cost of the endowment, so if there's no element of insurance, it might be important to make sure payments continue on that. 

And, of course, there is the reason why these mortgages are no longer so common: is the endowment on track to cover the outstanding debt? If it is, and it's kept up to date, then the house will not be repossessed because the mortgage will be satisfied. 

How much documentation do you have about the house, the form of ownership (you can check on the Land Registry website), and the mortgage? Was the ex-wife making any payments towards the house? Was there any formal agreement in place?

I suspect you are going to need some specialist legal advice: not least because you / the estate may inadvertently become the ex-wife's landlord, and it's important to comply with the law in that area too. 

Gwezz

I'm new to this forum so I'm not sure if I'm doing this correctly and will respond to all the above queries. 
There is no life insurance attached to the mortgage as it was cancelled some time ago. 
There is an outstanding amount to be paid at the end of the term as the mortgage payments was paying off the interest (ex wife paying) and not the sum loaned.
The mortgage was in my husband's name only 
Not listed in the divorce settlement 

Keep_pedalling

It sounds an absolute nightmare. Have you checked the land registry to se if she is also a registered owner.

https://www.gov.uk/search-property-information-land-registry

Even if she isn’t she has a beneficial interest in it as she has been paying the mortgage, and it also should have been included in the divorce settlement. There children may also have a claim against his estate as they have been dependant on him for keeping a roof over Their heads.

Savvy_Sue

Keep_pedalling said:

It sounds an absolute nightmare. Have you checked the land registry to se if she is also a registered owner.

https://www.gov.uk/search-property-information-land-registry

Even if she isn’t she has a beneficial interest in it as she has been paying the mortgage, and it also should have been included in the divorce settlement. There children may also have a claim against his estate as they have been dependant on him for keeping a roof over Their heads.

Good point about his children with his ex-wife: are they adults or still minors? How long ago did they divorce? Was there any financial agreement with the divorce?

And I am sorry for your loss. 

Gwezz

yes still minors and no financial agreement following the divorce from what i can tell

mattojgb

Awful situation to find yourself in. I imagine the legal title to property will be solely in your husband's name given the mortgage was in his sole name. But it seems likely she will have a beneficial interest that would prevent you from evicting her. Did the ex move in at the same time as your husband? She may have signed an agreement with the mortgage company to vacate the property if the property was repossessed - and that may be the best way of achieving vacant possession. Have you informed the mortgage company of your husband's passing?