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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
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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i lived with my partner and he,s past way six months ago.

Customer Question

i lived with my partner and he,s past way six months ago. we have property where we lived together with two kids from him they are now ``11` and 13 since he past way we found he had wife he was my partner for 15 years with two kids we was not married together , what is my position.. we have mortgage £48,000 out standing i,m still paying mortgage. we live in property
what is my position my name Mrs nableea
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
Which part of the Uk are you in?
Who owns the property?
What assets and debts did your partner have?
Clare
Customer: replied 1 year ago.

i live in manchester

my partener who has died in july which i have two kids from we was 16 year together mr muner

but we found out he has a wife...who i dont know

he has only the house as assett no other debt

Expert:  Clare replied 1 year ago.
HI
How much is the house worth and whose name is ***** ***** deeds?
Clare
Customer: replied 1 year ago.

the deed is on my partner who passway in july 2014 mr muner

we both put the deposit down but mortgage was on his name,,we bought the house

for 90,000 the deposit was 20.000 over ten years we paid 22.000 the bal is 48.000 left

today it is worth 135.000

Expert:  Clare replied 1 year ago.
Hi
Has his wife contacted you at all?
Clare
Customer: replied 1 year ago.

no she has not contact me, but she knows he mr muner has passway my partner

and she knows about the house, she does not want any type of contact with me or anything to do with the house at all

Expert:  Clare replied 1 year ago.
Hi
How dod you know she does not want anything to do with the house?
Clare
Customer: replied 1 year ago.

firstly i pay the mortgage for the house, when the silicitor wrote to her she did not repile nor did she send the death certificate or paper work to the building society...then they wrote to me as i was paying mortgage and i sent them a copy of the death certificate , i try contacting her but she didn,t send no respond back several times

Expert:  Clare replied 1 year ago.
Hi
Since his wife has not applied for Letters of Administration to deal with the estate then you can do so on behalf of your children.
At the same time you can make a claim against the estate for financial provision for yourself and the children.
Given all the circumstances it is likely that the court will indeed grant you the house - and on that basis it would be sensible to get the solicitor to write to her suggesting a Deed of Variation of the Intestacy to allow for the house to be transferred into your name.
Please ask if you need further details
Clare

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