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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am recently married and I own my own home outright (it was

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I am recently married and I own my own home outright (it was a gift from my parents long before I got married). My now husband still owns a house (with a mortgage on it) from a previous relationship (not marriage). I really do not want anything to do with that house which he owns with his ex-partner. The ex-partner is worried that I do would have some interest in it whereby I would have to deal with her if my husband were to, say, die. Is this correct?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

If your partner were to pass away then a grant of representation would have to be taken in his estate if his assets involved property or cash in excess of £5, 000.00 – 10, 000.00. That person would then be the person who is entitle to deal in the estate (as Personal Representative or Executor).

If she is then to buy him out of the property following death by remortgaging and transferring the property in to her sole name then she would need to have the signature of the personal representative on the Land Registry Transfer form.

If you took out probate following your husbands death then you would have some contact with her solicitors in all likelihood, although if you instructed solicitors to deal with the administration of the estate you would not actually speak to her at all probably

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I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 3 years ago.
That reply was very helpful, I just wonder if you might be able to answer the following - what happens if she were unable to take on the mortgage herself, say (this is very morbid) after his death? This is the position at the minute. Neither my husband nor the ex-partner are able to end the tie on the house because neither can (inability to stump up deposit/meet mortgage criteria) take the mortgage in their sole names/with someone else at the minute and the property is in negative equity. would this situation continue after death? I want nothing to do with this property or the ex-partner, but from what has been said, it appears that I now sort of am involved. thanks for any assistance!
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

The situation would be that the estate would effectively stand in place of your husband. This means that the estate would be contractually bound to continue to meet the mortgage obligations.

It may be that the executors (ie. I assume to be you) decide to wait until the property recovers value and then either arrange with her to transfer to her sole name (if she can get a mortgage) or to apply for an order for sale of the property at Court.

I'm afraid that if you are to be executor then you will have some dealings with her through solicitors - that is unavoidable because of the joint ownership of the house and the contractual obligations of the mortgage.

Trust this clarifies, if so please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6309
Experience: BA (Hons), PgDip, Practising Solicitor
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