What is my entitlement or percentage

littlebigshoe

Hello all
              I have just found out by receiving a letter from mortgage company...that my ex partner has passed away very sad way of finding out her death and apparently she died a few months ago as we had been seperated for 12 years so ill try to keep to the point here the mortgage was taken out in 2003 between the 2 of us so we are both on title register.we split up in 2013 we were not married we have 3 children together after we seperated the 3 children remained in the house i left with nothing and for the next 12 years they lived in house the ex carried on paying the mortgage.ive tried to find out what i can today .ive found out the name of solicitor now that appears to be dealing with her estate i have been to c.a.b and they have said if theres a will it will likely be given to the children now adults ages are now 22,21,19 ive received the mortgage letters asking me for the overdue payments which is 4 payments should i be paying this if i have so little percentage ive also been told it should be 50/50 split and then somebody else saying about right for survival im upset to find out she has died and worse still to that i may not get anything the mortgage will be due to end in a few years total amount owing is just over 9k any help would be good as i dont work i cant afford solicitor thanks in advance.

Brie

normally a mortgage is owed 100% by whomever is listed on it.  So likely your ex & you were both equally responsible for paying it, whatever you might have agreed between you.  The bank basically doesn't care who pays as long as someone does.  Your ex was paying and now, sadly she can't, so they are looking at you to pay the balance for the rest of the mortgage term.  

As to what you get from the house - that will depend on whether you were joint tenants or tenants in common.  If you were joint then on her death the house is 100% yours.  If you were tenants in common then that will dictate what share is yours and what is in her estate.  So potentially the house is 50% yours, 50% to her heirs.  Who her heirs will be determined by whether she had a will or not.  Likely it will be the 3 children but could equally be another family member or even you - depending on her will.  If there's no will then likely it will be the children that inherit.

You may feel an obligation to your children to pay the rest of the mortgage even if it means you get 0%.  Or you might discuss this with them and see if selling is an option or if one of them might be able to contribute to paying it off if ultimately it's going to be their property.  

First thing you should do is contact the bank's bereavement department and explain the situation and tell them (don't ask) that you need time to sort out what's happening as it's a big shock and you have the children to think of as well.  Remember that any bank will be careful about turfing out orphans from a house that is nearly paid for - so they are incredibly likely to give you some time to find a way forward with this.  Even if you ignored their letters chances are it would take a couple of years minimum for them to get to the point of repossession (worst case scenario).  If you want to finish paying it off and would struggle to do so pop on over to the debtfree board, referencing this post, and see what help can be given regarding your budget.

So take time to gather your thoughts and deal with the important things like children (even if they are adults).  Once that's settled then talk citizen's advice again - ask to speak to their legal team should they have one.  

Sorry for your loss.  

Keep_pedalling

If the ownership was as joint tenants you are now the sole owner of the property. If held as joint tenants a deed of trust should lay out who owned what, but If one was never drawn up the the default is 50% ownership each and your partner’s share will be distributed as per her will or if she never made one it goes to her children as per the laws of intestacy. 

ACG

Brie said:

normally a mortgage is owed 100% by whomever is listed on it.  So likely your ex & you were both equally responsible for paying it, whatever you might have agreed between you.  The bank basically doesn't care who pays as long as someone does.  Your ex was paying and now, sadly she can't, so they are looking at you to pay the balance for the rest of the mortgage term.  

As to what you get from the house - that will depend on whether you were joint tenants or tenants in common.  If you were joint then on her death the house is 100% yours.  If you were tenants in common then that will dictate what share is yours and what is in her estate.  So potentially the house is 50% yours, 50% to her heirs.  Who her heirs will be determined by whether she had a will or not.  Likely it will be the 3 children but could equally be another family member or even you - depending on her will.  If there's no will then likely it will be the children that inherit.

You may feel an obligation to your children to pay the rest of the mortgage even if it means you get 0%.  Or you might discuss this with them and see if selling is an option or if one of them might be able to contribute to paying it off if ultimately it's going to be their property.  

First thing you should do is contact the bank's bereavement department and explain the situation and tell them (don't ask) that you need time to sort out what's happening as it's a big shock and you have the children to think of as well.  Remember that any bank will be careful about turfing out orphans from a house that is nearly paid for - so they are incredibly likely to give you some time to find a way forward with this.  Even if you ignored their letters chances are it would take a couple of years minimum for them to get to the point of repossession (worst case scenario).  If you want to finish paying it off and would struggle to do so pop on over to the debtfree board, referencing this post, and see what help can be given regarding your budget.

So take time to gather your thoughts and deal with the important things like children (even if they are adults).  Once that's settled then talk citizen's advice again - ask to speak to their legal team should they have one.  

Sorry for your loss.  

Orphans? 
They are adults.

soolin

Brie said:

normally a mortgage is owed 100% by whomever is listed on it.  So likely your ex & you were both equally responsible for paying it, whatever you might have agreed between you.  The bank basically doesn't care who pays as long as someone does.  Your ex was paying and now, sadly she can't, so they are looking at you to pay the balance for the rest of the mortgage term.  

As to what you get from the house - that will depend on whether you were joint tenants or tenants in common.  If you were joint then on her death the house is 100% yours.  If you were tenants in common then that will dictate what share is yours and what is in her estate.  So potentially the house is 50% yours, 50% to her heirs.  Who her heirs will be determined by whether she had a will or not.  Likely it will be the 3 children but could equally be another family member or even you - depending on her will.  If there's no will then likely it will be the children that inherit.

You may feel an obligation to your children to pay the rest of the mortgage even if it means you get 0%.  Or you might discuss this with them and see if selling is an option or if one of them might be able to contribute to paying it off if ultimately it's going to be their property.  

First thing you should do is contact the bank's bereavement department and explain the situation and tell them (don't ask) that you need time to sort out what's happening as it's a big shock and you have the children to think of as well.  Remember that any bank will be careful about turfing out orphans from a house that is nearly paid for - so they are incredibly likely to give you some time to find a way forward with this.  Even if you ignored their letters chances are it would take a couple of years minimum for them to get to the point of repossession (worst case scenario).  If you want to finish paying it off and would struggle to do so pop on over to the debtfree board, referencing this post, and see what help can be given regarding your budget.

So take time to gather your thoughts and deal with the important things like children (even if they are adults).  Once that's settled then talk citizen's advice again - ask to speak to their legal team should they have one.  

Sorry for your loss.  

Not orphans surely as the OP says he is their father? 

Brie

@ACG & @soolin
Orphans in the sense that they have lost their mother.  Just the same as in occupational pensions that there can be an "orphan pensioner" in receipt of one parent's pension up to the age of 25 irrespective if the other parent is still alive.    And remember it would be the twist a paper/website might put on a story to paint the bank as the evil villain.   

littlebigshoe

Thanks for this help so far im in a world of no idea and my thoughts are mainly on me kids somehow i need to get it sorted im confused as to where to find this joint tenants or tenants in common i have downloaded title register but cant see any words about tenants maybe i have downloaded the wrong form or is it only the mortgage company that will know ? i cant remember ever seeing or hearing these terms

MWT

littlebigshoe said:

Thanks for this help so far im in a world of no idea and my thoughts are mainly on me kids somehow i need to get it sorted im confused as to where to find this joint tenants or tenants in common i have downloaded title register but cant see any words about tenants maybe i have downloaded the wrong form or is it only the mortgage company that will know ? i cant remember ever seeing or hearing these terms

To determine if a property is held as joint tenants or tenants in common using the Land Registry, check the property's title register for a "Form A restriction". If the restriction is present, the property is held as tenants in common. If the restriction is absent, the property is held as joint tenants...

Flugelhorn

littlebigshoe said:

Thanks for this help so far im in a world of no idea and my thoughts are mainly on me kids somehow i need to get it sorted im confused as to where to find this joint tenants or tenants in common i have downloaded title register but cant see any words about tenants maybe i have downloaded the wrong form or is it only the mortgage company that will know ? i cant remember ever seeing or hearing these terms

Can you see this wording anywhere?

"

Form A (Restriction on dispositions by sole proprietor)

No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court."

Whose names are on the register?

littlebigshoe

on register summary tab there is my full name and my exs full name and on title number on the proprietorship tab it says no disposition as Flugelhorn has written cant seem to copy paste here

Flugelhorn

The Form A restriction usually indicates the property is held as tenants in common - so you owned a share each - it means that your partner would have left her share to whoever and you could leave yours to whoever you wished.