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Thomas
Thomas, Solicitor
Category: UK Family Law
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my husband and mother in law has joint morgage on the house

Resolved Question:

my husband and mother in law has joint morgage on the house we are living in 15 years now and my husband and i pay the morgage and she sits back and pays nothing not even the up keep of the house if anything was to happen to my husband would i be homeless as i believe my husband half would go to my mother in law can you put me right on this please gina sharpe
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Thomas replied 2 years ago.
Hi,

Do they own the property as tenant's in common or joint tenants?

Tom
Customer: replied 2 years ago.


i believe its joint tenants

Customer: replied 2 years ago.


it was ex council and mother in law and my husband both on morgage she was only on a pension but got on the morgage

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience .

If the property is held as joint tenants then upon your husband’s death his share would pass automatically to his mother, regardless of any direction in his Will that you should inherit it.

If this happened then technically she could serve you with a notice of eviction. If you do not have a written agreement governing your occupation/eviction then she would only be obliged to give you ‘reasonable written notice’ of eviction (eg. 4 weeks).

I should think at this point you would see a solicitor to make a counter claim either on the basis of the Inheritance (Provision for family and dependents) Act if he has not provided for you in the Will OR under the Trusts of Land and Appointment of Trustees act on the basis that you have contributed to the mortgage for the property but you might not get much traction under this act if the amount you (personally) have paid towards the mortgage if it does not exceed the amount you would have paid in private rent accommodation, if you have contributed to the initial financing of the purchase or paid for improvements your claim would be stronger in this respect.

The situation is not at all beneficial and you should speak to your husband about severing the joint tenancy with his mother and then making a Will protecting you in the event of his death.

Additionally it will be assumed that your husband and his mother retain a 50% interest in the property. If this is not what it should be then you need to negotiate a Declaration of Trust declaring the respective percentage interests of your husband and mother once you have severed the joint tenancy.

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Kind regards,


Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6647
Experience: BA (Hons), PgDip, Practising Solicitor
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