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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44368
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My late wife took out a joint mortgage on a property in

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My late wife took out a joint mortgage on a property in Queensland when she was in a previous relationship back in the 1990s. The other party in that relationship has also recently passed away.
The latter party had a de-facto relationship with another person who currently resides in the property and presumably pays the mortgage that is outstanding. The other party bequeathed the property to this person in his will.
Given that my late wife's name is ***** ***** the mortgage documents, what is the status in respect of the property and its potential sale in the future.
My late wife's will passed everything over to me but did not include this mortgage.
Is this issue relevant to the current situation?

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Good Morning.

Was your wife's name also on the title of the property?

The will does not pass debts to a beneficiary.

The debts are paid out by the estate of the deceased when they pass.

If it was a joint debt and she had a share in the house and it was not transferred out of her name the bank may not know that she has passed.

So the question is was she an owner of the house and how did she own the house? Was it joint tenant or tenant in common with her defacto?

Customer: replied 2 months ago.
My wife was a joint tenant in respect of the property.
The bank was notified of her passing in respect of the mortgage on the property.

They never severed the joint tenancy?

Customer: replied 2 months ago.
No it was never severed prior to their deaths

Can I ask who passed first your partner or the other joint tenant?

Customer: replied 2 months ago.
My partner passed first in February 2017.
Her former partner passed in April 2017.

Good Morning

In that case her share passes to her former parter as they were joint tenants and you have no claim nom the property and the mortgage will have to be repaid with the sale of the house from her former parters estate.

Because they were joint tenants you cannot inherit anything of the house.

Customer: replied 2 months ago.
Thanks Leon
I was beginning to think that would be the case

Good Afternoon

Unfortunately there is very little that you can do.

So I cannot be of any further assistance.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.


Leon and other Australia Law Specialists are ready to help you
Customer: replied 2 months ago.
Thanks Leon

You are welcome and all the best.