looseing home after probate

A question about : looseing home after probate

My partner died a year ago from cancer. she died the night before she was going to finalize her will. We never married so I am aware that I have no rights. We was tenants in common. A deed of variation to her will was agreed. The executor of her will is her sons whom are also the beneficiary of her estate. The house that I live in is now split between myself and her two sons with myself having 2 thirds and they having the remainder. There was no mortgage protection on the property. During the last 12 months I have met the full mortgage payment that is destroying me. I live on 50 pence a day after all bills have been paid. The beneficiary don't pay any money towards the mortgage yet they expect that when the house sells that their percentage of their share remains the same despite me making full mortgage payments. The beneficiary solicitor has informed me that because I still live in The house that the sons don't have to pay because I have the benefit of the house. And also I should be paying the beneficiary rent. The mortgage company has not yet put their names of the beneficiary on the deeds and my partners name is still on them. extending the mortgage is not an option as I don't have the money to pay them off as it is a substantially amount. This is a nightmare that after 23 years together that my partner could have never had seen coming. Reposession looks like the only option left for me. any advice is most welcome. cancer took my partner and it has destroyed my last memories I have.

Best answers:

• This is one of the scenarios that should be shouted from the rooftops for co habitation couples - there is no protection unless there is a marriage certificate, and next of kin trumps a cohabitee every time.
  You are given protection insofar as you have the majority shareholding, but only if you keep up the payments. If you do not and there is a repossession, the family of the deceased can whistle - they lose their 'gift'. Under law they are entitled to the moveable estate value only (this does not included property) only when your interest is bought out do they gave free reign.
  I'd suggest you get a solicitor to review your options as if you find yourself in dire straits getting the family to pay the mortgage in return for you deeding the property to them following your death might be an amicable solution. However, only your inability to pay the mortgage is working against you, and if you stopped paying and the house repossessed, depending on the amounts owing, there could be nothing in it for the family either - so get advice quickly to find out your options
• would love to make use of a solicitor but unable to meet the costs that they charge. yes you are right about it should be shouted from the hill tops. that is why I need the advice from here before my phone gets cut off. I have enough debt and enough worry and enough loss. my main concern is trying to keep what was our home but the beneficiarys! /executor have the right to take the share of the proceeds of the property with me making the payments with no contribution from them. I would be happy if the law was because they made no contribution towards the mortgage and because I had paid the last 13 monthly payments that their entitled to a reduced amount but again according to the solicitor who acts for the beneficiary this is not the case
• Your local Citizens Advice Bureau will give you free legal advice.
  Look them up and go there NOW.
  Many lawyers give 30 minutes advice "pro bono" - look up your local high street, or go in if you are worried about the phone.
  I don't know where you are based but there are various financial advice centres, you can look them up online.
• The main thing that should be shouted from the rooftops is to make a will.
• Wouldn't you be better off selling the house and renting somewhere?
• Perhaps you could get some advice or help from Shelter regarding the possibility of finding alternative accommodation as it seems whether the house gets repossessed or is sold in the usual manner, you will need to find a new home.
  If you are over 55 you might qualify for housing from your local council as many local authorities have properties specifically for the over 55's.
• Are you sure they have the split right?
  What shares were TIC?
  How much was it valued at what was the mortgage?
  For them to get the share she owned they might need to pay off that share of the mortgage
  What deed of variation was done?
  If you can't afford it then selling may be an option, having joint finances in this way is not ideal long term.
• Would the will have just given you house or additional funds to cover some or all of the debt?
  Without funds would you have been unable to pay the mortgage anyway?
• As you are in the "Over 50's Money Saving" forum, is it likely you are old enough to pop into your local Age UK office for some freebie help/advice on all this (50+)? They usually have a weekly visit from a solicitor (well, ours does) - perhaps worth investigating, you may be able to find some info for them on-line.
• I saw this on another thread and wondered if it would be relevant / helpful?
  Quote:
• You're living in a place that you cannot afford. With no prospect of being able to afford it later either your best option isn't repossession, it's arranging to sell the place yourself because that normally results in getting a higher price. Then you can buy or rent a place that is affordable for you. Since the sons are now joint owners you will either need their consent to sell or would need a solicitor to force them to allow you to sell.
• With respect to that element of the recent mortgage payments that goes towards paying off the principal, does the OP not gain some form of right of subrogation for that portion (guessing 33%) that is for the benefit the sons? Otherwise, the two sons will be unjustly enriched.
  Perhaps someone cleverer than I can clarify?
• No the government buy back scheme i am not eligible for.
  Citizens advice dead end
  deed of variation original was that it was 50 50 but my late partner passed on a extra third of her share but now this is being disputed by her sons.
  Always easy to say see solicitor when you don't have the money to pay my own bills.
  If the beneficiary have purposely not taken my late partners name off the house deed and not yet transferred it to their name. have they profited from any future sale of my home by means of myself continuing to pay the mortgage each month and not contributing.
  Is that what subrogation is
  Could i claim back from them all their part of the mortgage payments.
  Why are they holding off not adding their names to the deed and continuing to keep my partners name on the deed.
  If they did have to pay a percent of the mortgage would i really be liable to pay them rent.
• They will benefit from increase in value - only if there is one, but you are benefitting from living in the house and not paying rent elsewhere.
• I know my partner did not forsee how her passing would affect my life. But as for benefit from staying in the house i don't see that. I will be paying 600 pound in rent to them for the servicing of what was my partners half of the mortgage that when they get their names put on the deed.
  And i pay 600 for my part of my mortgage. Presently i pay the full 1200 to the mortgage company. It is hard to give up my memories of my partner.
  The house will sell when a buyers ready. But until then should i not only be responsible for my half of the mortgage now and her sons take responsibility for my partners half.
  I should not have to meet their cost by means of paying them rent to service their half of the mortgage
  could i refuse. To pay the rent for all the 17 months they forced me to pay full mortgage
• I am not quite sure I follow your logic. They cannot make you pay rent. If you agree to their proposal, you will be no worse off if you pay rent to them and they pay half the mortgage.
  Quote:
• Now I'm getting confused!
  No point in crying over spilt milk. Sadly OP is clearly now fully aware of the pitfalls of 'not doing this or that' in the preceding years, can't go back & change it.
  As Tenants in Common you own half the house and late partner the other half. You say a Deed of Variation was agreed so the Will with presumably sons as sole beneficiaries of whole estate (cash, personal stuff and 1/2 the house), would have been legally amended to reflect you being given a further portion of partners 1/2 of the house.
  So wasn't the Deed of Variation formally agreed and the appropriate legal documentation drawn up? If so I can't see how/why the sons can contest that now, if not then there is no actual, valid, Deed of Variation.
  You have not explained why Citizens Advice was a "dead end", I hope you didn't just sit at home and post on the CAB forum on this website.
  IMO you should get yourself down to your mortgage lender and explain your financial situation, AND the current house ownership situation. Make an appointment and take all financial evidence of your monetary predicament. At the risk of sounding very harsh, I don't want to read any excuses as to why you can't at least do this, PRONTO.
  They may be able to suggest something which could temporarily alleviate your financial pressure, possibly freeing up some cash so you can consult a solicitor (ie a temporarily reduced mortgage payment plan, or taking a very temporary mortgage payment holiday, or mortgage interest only payments for a while.........or something).
  Apart from the above, I'd suggest putting your post on the Deaths, Funeral and Probate forum. A more appropriate place than this Over 50's Money Saving forum.
  This link should take you there https://forums.moneysavingexpert.com/...ysprune=&f=217 If not, look in the Home & Play section, then into Marriage/Relationships/Families Forum. You'll find it there.
  Methinks you are being shafted by the sons, you don't have your own legal advisor, and the sons are able to prey on your grief, lack of knowledge, lack of funds, therefore you are unable protect your interests properly, limited though this might be.
  Good luck
• It is still not clear what happened.
  The issue goes back to the ownership and what was changed.
  as there was a mortgage the actual equity you each got was less the mortgage NOT 1/2 the house.
  eg Ј200k house with Ј100k mortgage
  so 50:50 you have Ј50k each. and a Ј50k share that has a Ј50k debt
  if they sign over to you the Ј50k with the Ј50k debt then you would own 150k worth with the Ј100k debt that you are liable for(as you would have been anyway if not paid off by the estate)
  Onother issue here is the land reg probably won't be able to change the names while there is an outstanding mortgage.
  Bottom line is if you can't afford the mortgage the palce will need to be sold.
  How much was it worth at the death and how big was the mortgage?
• Again i know the house is to big and yes i know it must be sold. But its the interim that's the point.
  135k is outstanding on the mortgage. If it sells for 180 then from that comes my 50 percent plus the extra third that my partner passed on to me.
  The remainder is theirs. I don't have problem as to their share only that they have. Not paid anything but expect the same amount of money from the sale of the house.
  That is the problem that i have. I pay they benefit. I stay i have to pay rent. They win.
  As for life insurance the bank never asked as she was covered by her employer. She left her pay out lump sum to them.
  No we could not talk about arrangements as her illness cancer came quick. Taking care of her was my only concern.