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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My brother has passed away with a mortgage of £69,000. Can

Resolved Question:

My brother has passed away with a mortgage of £69,000. Can someone carry on with the mortgage payments? His partner of 14 years (not married and 2 children) would like to carry on with the mortgage to leave it eventually to the 2 children.


 


Can anyone help please?

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was the property held in his sole name or jointly with his partner?
Clare
Customer: replied 3 years ago.

Hi Clare, it is held in his name solely unfortunately

Expert:  Clare replied 3 years ago.
Hi
Are there any other assets. or any insurances, which could pay off the mortgage?
Clare
Customer: replied 3 years ago.

Hi again, there is a pension of £15,000 and some machinery worth £25,000 from his business which we are trying to locate and sell. We are unsure at the moment of his mortgage insurance, we have to wait 10 days for the mortgage company to give us all info regarding this.

Expert:  Clare replied 3 years ago.
Hi
First I should say that I am sorry for your loss
I am afraid that the current mortgage cannot simply just continue since your brother was the sole owner
The Property will have to be held in trust for the children and it is unlikely (but not impossible) that the mortgage company will extend a mortgage to the Trustees
His partner can certainly discuss this with a mortgage broker - the other option is that an agreement is reached under which she will purchase the property from the estate
Please ask if you need further details
Clare
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