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I was divorced from my husband some years ago. He has a

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Hi my name is*****...

Hi my name is***** I was divorced from my husband some years ago. He has a lien/charge on the house. He has recently passed away. and his will transfers this charge to our two sons. Do i need to get the deeds changed and if so will I need a copy of the will to do this

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Sorry no he only passed away last week

Submitted: 2 years ago.Category: UK Property Law
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Answered in 31 minutes by:
1/27/2016
Solicitor: Aston Lawyer, Property Solicitor replied 2 years ago
Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1,741
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Hi Bernie,

Thanks for your enquiry.

I am pleased to say that nothing at all needs to be change don your Deeds.

As the Charge has transferred to your Sons, as beneficiaries under his Will, the Charge can remain as it is on your Deeds, and as and when you sell the property, you would just need to pay the monies over to your Sons, who will then need to sign a Form to say that the Charge has been repaid. At that time, the Land Registry will need to see evidence that your Sons have the right to sign the form, and this would be in the form of your ex husband's Probate. You therefore need to check that your Sons, or whoever has been appointed as Executor in your ex husband's Will, are indeed going to obtain Probate, to avoid a potential problem as and when your property is sold.

I hope this assists and clarifies the legal position.

If so, I would be grateful if you could rate my Answer.

Kind Regards

Al

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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