Inherited Mortgage due to mature... options?

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  • xylophone wrote: »
    The unmarried partner cannot claim under the rules of intestacy.

    You also state that she was not financially dependent on your father.


    Under these circumstances I cannot see that she has much (if any) claim to provision from your father's estate?



    You are the only child of your intestate father?

    You are therefore the sole inheritor of his estate/any rights that his estate held?

    Therefore you are in exactly the same position as your father in respect of his share of the house?

    Once you pay off the mortgage, in effect the 25% share of the house is held by you in trust for your mother until she dies when it reverts to you?

    Did your father have any other assets at the time of his death?

    What on earth would be the point of allowing the bank to repossess the property?


    The unmarried partner cannot claim under the rules of intestacy.

    Perfectly right, but we have the 1975 act for dependents, where partners that werent officially registered as wife and husband, or a civil partnership can make a claim if they coahabited with the deceased for 2 years prior to the death, or they were being financially maintained and no provisions were made for them following death. And the deceased left no will.


    Once you pay off the mortgage, in effect the 25% share of the house is held by you in trust for your mother until she dies when it reverts to you?

    Correct, I would be in no better position than the deceased if I did probate and paid of the mortgage with respect to the 25% which is held under trust to the land until my mother remarries or passes away.

    What on earth would be the point of allowing the bank to repossess the property

    The unbearable thought of having dropped 80,0000 pounds of hard earned savings, plus owing the claimant a possible 25% nominal value of the hosue further down the line.
  • [Deleted User]
    [Deleted User] Posts: 0
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    edited 15 June 2019 at 3:27PM
    It's a lot easier if everything is in one post so we can see the additional information :)

    Perhaps a mod could merge them for you?

    Go for probate as the caveat has been lifted.

    As you will be the executor of your dad's estate nothing stopping you from applying for probate.

    You will need a property valuation from when your dad died, a RICS registered valuer can do that for you and provide a nice report to back up his reasons. This will mean any claim the partner tries to make will be against 25% of the value when he died, not the present value. A decent contentious probate lawyer will find this easy to resolve for you.

    I am honestly surprised none of the lawyers you have dealt with over the years have been able to unravel this, advise you accordingly and get it wrapped up! Yes, contentious probate can drag on, costs can get a bit silly when people are being petty, but it all gets resolved when cold aged facts and figures are put in front of the person making the claim against the estate, especially when they realise there isn't much left of the 25% due to the legal costs eating it up!

    Nothing stopping you sorting the house out, having the 75% with your mom and the other 25% in trust as an executor until the partner is dealt with.


    You are probably right on mergin, but there are so many angles and aspect to my case I need legal, financial, accounting advise lol it's just a mess. Understanding it all.

    I hope you are right, my fear has stemmed for what the claimaint could actually win via 1975 act for dependents. We knew she would be in a weak position not being the actual wife, but she did live with him for 15 years and we know not what a court could rule if it came down to that.

    I probably could have done probate ages ago, but it took us time to determine if she was actually married or not because the first letter we received from her was "I am the wife of the deceased, I understand he had 25% in your property, how do you intend to settle this for me"

    Thanks for advice or RICS, I had it valued a while back by a estate agent. When applying for probate what do I list down? Just 25% held on trust of said property?
  • cannugec5
    cannugec5 Posts: 415
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    So, previously you stated that they cohabited for 2 years+, and now it is 15 years. There is a lot of difference.

    Either way, if she is legally entitled to his share, why are you preventing this from happening? IF she is entitled she- or her estate- will get it eventually.

    I still think applying for probate is the thing to do. What does your mother think about all this?
  • cannugec5 wrote: »
    So, previously you stated that they cohabited for 2 years+, and now it is 15 years. There is a lot of difference.

    Either way, if she is legally entitled to his share, why are you preventing this from happening? IF she is entitled she- or her estate- will get it eventually.

    I still think applying for probate is the thing to do. What does your mother think about all this?

    Two years is the minimum as stated in the 1975 act. They've been together over 15 years ergo 2+ (over the minimum)

    The way it works is a back and forth between her solicitor and my solicitor to negotiate. I don't see why she is entitled to anything from my perspective. I maintained this house with my mother for 25 years, father never paid a penny.

    I put all my life and blood into this house, as did my mom, and nobody helped us, and he never paid a thing towards anything in my life.

    This is our home. What does my mother think? She hasnt slept properly in two years, her entire life is in the place, its near london, so good luck getting another place nearby.

    She will never want to leave this house, but at this stage she is not a player in the court case, as its my father who died, she was divorced to him, and I am the one who is being pursued by the claimaint (ex partner)

    If my dad really wanted to make provisions for this claimaint, he would have married her (his been married twice before) and he would have left a will. But he didnt.
  • MovingForwards
    MovingForwards Posts: 16,861
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    I haven't stated the obvious but for a 15 year co-hab relationship she would have a claim, but I think you know this already. It's a case of trying to find a figure she will go away for ;)

    Or, let her submit her claim and see what a judge thinks, remember it's based on 25% value when he died, not current value.

    Go for probate and get it.

    Pay the outstanding mortgage off.

    Worst case is the partner wins her case and you then have to take a small mortgage out on the property to pay her.

    You could always take a small mortgage out for the 25% as it was valued on death and put the money in the bank, pending the outcome of her claim.

    When probate is granted currently the 25% is yours and any siblings as the partner has not had her claim awarded/quantified. It means your mom will own 75% of the property, you will own 25%.

    I appreciate you do not want her to have a penny, but sadly if she is on benefits/pension she isn't financially independent unless she has a huge pension.

    Yes, your dad should have drawn up a will, he didn't, same as many don't, but this is the cards you have to deal with.

    If it's causing this much stress to your mom get it resolved sooner than later.
    Mortgage started 2020, aiming to clear it in 2026.
  • I thank everyone for their replies and input, in the effort of consolidating two threads, similar topic please post here: https://forums.moneysavingexpert.com/showthread.php?t=6013727&page=3#topofpage
  • I haven't stated the obvious but for a 15 year co-hab relationship she would have a claim, but I think you know this already. It's a case of trying to find a figure she will go away for ;)

    Or, let her submit her claim and see what a judge thinks, remember it's based on 25% value when he died, not current value.

    Go for probate and get it.

    Pay the outstanding mortgage off.

    Worst case is the partner wins her case and you then have to take a small mortgage out on the property to pay her.

    You could always take a small mortgage out for the 25% as it was valued on death and put the money in the bank, pending the outcome of her claim.

    When probate is granted currently the 25% is yours and any siblings as the partner has not had her claim awarded/quantified. It means your mom will own 75% of the property, you will own 25%.

    I appreciate you do not want her to have a penny, but sadly if she is on benefits/pension she isn't financially independent unless she has a huge pension.

    Yes, your dad should have drawn up a will, he didn't, same as many don't, but this is the cards you have to deal with.

    If it's causing this much stress to your mom get it resolved sooner than later.

    Great points, you've summed up the thoughts I've dwelt upon for two years.

    I haven't stated the obvious but for a 15 year co-hab relationship she would have a claim, but I think you know this already. It's a case of trying to find a figure she will go away for ;)

    Yeah pretty much, and who's to say what she should or would get? Without going to court, it's a back and forth, back and forth drama between her solicitor and my solicitor... no one giving up ground. Only a judge can give a clear cut order on what happens.

    In hindsight I should have done probate ages ago, but I had to determine if she really was the wife as she claims or not. I had the house valued 6 months after he passed away.

    So then if pay mortgage 80k, and potentially have to pay her out 125K if she wins all of it.... then that's 205K on a 500K property. Its in greater london, so hard pressed to get anything better if we left the property.

    I appreciate you do not want her to have a penny, but sadly if she is on benefits/pension she isn't financially independent unless she has a huge pension.


    She earns 1500+ a month or so from benefits from what shes told us.

    I appreciate that, but my father is the one who didn't make any financial provisions, or marry her, and he never supported me either. I invested so much money into this property in maintenance/ and mortgage payments, and then I'll be paying the mortgage too only for her to just come along and take 25%. This not justice.

    I'll hopefully resolve this soon, Im pressing my solicitor to confirm caveat removal and Ill get probate done myself. Most valuable lesson learned here? Always have a will drawn up. I know many don't now I advise everyone to do one.

    And maybe avoid marriage and divorces :D

    Thank you for your meaningful response, greatly appreciated.
  • JGB1955
    JGB1955 Posts: 3,458
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    I guess I'm missing something here. Just musing about this....if the house was valued at £500K at death, the 25% share is £125K but with an offset liability of £80K...leaving just a potential £45K for the co-habitee?
    #2 Saving for Christmas 2024 - £1 a day challenge. £131 of £366
  • JGB1955 wrote: »
    I guess I'm missing something here. Just musing about this....if the house was valued at £500K at death, the 25% share is £125K but with an offset liability of £80K...leaving just a potential £45K for the co-habitee?


    Well thats what I thought initially, but due to a court order in place, the mortgage is redemeed first in the event of a sale, and then the net proceeds are split, where 25% goes to the estate.

    500-80

    =420/4

    =105

    Or assuming I pay the mortgage, then no debt and that gives us 125K on market value
  • Please lets consolidate posts into this thread:

    I thank everyone for their replies and input, in the effort of consolidating two threads, similar topic please post here: https://forums.moneysavingexpert.com/showthread.php?t=6013727&page=3#topofpage

    Thank you all for contributions. Appreciated.
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