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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7569
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been divorced for 3 yrs but did not get a financial

Resolved Question:

I have been divorced for 3 yrs but did not get a financial settlement as my ex husband is mentally ill. We have a house with joint mortgage . He has two sons ,the elder is from his first marriage . His health is deteriating , what happens with the house if he dies ? I have been paying the mortgage and all bills since we seperated.
Submitted: 6 years ago.
Category: UK Family Law
Expert:  Thomas replied 6 years ago.

Hi,

 

Thanks for your question.

 

I assume that your ex-husband has not remarried. If you hold your house as joint tenants then his share in it would pass automatically to you upon his death, all you need to is to produce a copy of the death certificate to the Land Registry and they will register the property in your sole name but before you do you will also need to speak to your mortgage company who will have to satisfy themselves that you can maintain the mortgage on your own.

 

If you own your property with your husband as tenants in common then it will pass according to his Will. If he has no WIll then his estate (including his interest in the house) will pass according to the intestacy rules which means that it would pass to his children.

 

If you do not know whether you hold your interests as tenants in common or joint tenants then I can tell you how to check.

 

If this is useful please kindly click accept so that I am rewarded for my time. It will be gratefully received and you will be free to ask follow up question.

Customer: replied 6 years ago.
How can i check whether we are tennants in common or joint tennants
Expert:  Thomas replied 6 years ago.

Hi,

 

Download a copy of the register for the title to your property by entering your details and paying a £4.00 fee at the Land Registry:-
http://www.landregistry.gov.uk/wps/portal/Property_Search

 

Look at the propreitorship register of the title you have downloaded from the Land Registry (where the proprietors of the property are listed). If the following entry is immediately below the named registered proprietors then the interests are held as tenants in common:-

" No disposition by a sole propreitor 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"

If there is no such entry then the proprty is held as joint tenants.

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

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