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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26003
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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my fiance died last march 2012 in my arms. We were due to

Resolved Question:

my fiance died last march 2012 in my arms.
We were due to marry in may that year,we purchased our dream home in january of 2012
for £276,000 but added £42,000 equity to property.Although the law says her mother is next of kin,her mother says she will put a charge on the property & says i need to contact the bank to have the property put in my soul name.
im worried the bank will re assess my income and take the property away from me,although ive never missed a payment in 16 months & can afford the mortgage payments.Also can i leave my deceased partners name on the mortgage and just carry on paying the monthly payments? Can her mother force me to sell as ive heard if it went to court,a judge would not make me homeless as i want to keep the property.
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

 

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

I am very sorry for your loss.

Josh-2010 :

Could you kindly tell me whether your fiance made a will and whether he had any life insurance or a private pension please?

JACUSTOMER-z9y31q13- :

Only a hand written will that states in the first line,tony to get the house.

JACUSTOMER-z9y31q13- :

Sorry, no life insaurance but i receive £78 a month spouses pension from her previous employers for life.

Josh-2010 :

Thanks. Sorry may I clarify who is Tony please - is that you or someone else?

JACUSTOMER-z9y31q13- :

Myself tony xxxxxxx

Josh-2010 :

Thank you. Is the will signed by your fiance, dated and witnessed by two adult witnesses, neither of whom are you?

JACUSTOMER-z9y31q13- :

Dated but not witnessed, but her family & myself confirm its my fiances signature,but her mother took this as says solicitor needs to see? i have photocopies.

Josh-2010 :

Thanks. This is not a valid will in that case as it does not comply with the wills act however take care of the document as it could amount to evidence of a trust. That it is not witnessed is not helpful but it is evidence of intention.

Josh-2010 :

May I ask how long you lived together prior to his passing in either your current house and/or elsewhere altogether?

JACUSTOMER-z9y31q13- :

Met michelle on july 2009.We lived togeather for 2 years 5 months. i even sold my property to live with my late partner.we moved from her flat in october 2009 to her new property she purchased months before i met her.& stayed there till january 31st 2012 myself decorated her old property out of my money & hard work to exstract equity for our dream home £42,000.. Now her mother wants half or 7.5% of value. which ever the greater. my question is i dont want to sell so what are my options as i know she can see pound signs in her eyes & i cannot afford to give her

JACUSTOMER-z9y31q13- :

£21,000 will the bank be on my side? force me to sell?

Josh-2010 :

Thanks - just reading your post...

Josh-2010 :

Thank you. There are two issues principally that I can see which are in legal terms distinct but in practical terms linked as follows:

Josh-2010 :

The first is what you are entitled to from your fiances estate. You have evidence that there was an intention on the part of your fiance to give you her share in the house. This is defective in that it is neither a will not a deed of gift or trust because it is not signed but it is evidence of intent and therefore may be a sufficient basis on which to argue that you own her share as something called a "resulting trust". In the event of a dispute this would be for a court to decide.

Josh-2010 :

In addition notwithstanding the above you have a potential claim against her estate under the Inheritance Act by virtue of your living together for more than 2 years effectively as though not actually husband and wife. The Inheritance Act provides that reasonable financial provision must be made for you from your fiance's estate. Only after this could other family members benefit. A claim under this provision is only possible within 6 months of the grant of any probate so take care not to miss this deadline as it is rarely possible to extend it.

Josh-2010 :

From there there is the question of affordability of the mortgage. Lenders usually allow a reasonable period of grace following the death of a borrower so providing repayments can be kept up to date there should hopefully be no immediate pressure to act in this respect. Until you know how the estate is to be divided it is very difficult for you to know your financial position and hence make an application to the lender.

Josh-2010 :

Once you know how the estate is to be share either by negotiation with her mother or as a last resort court as above then you will be in a position to negotiate with the lender. The lender is not obligated to transfer the mortgage to you and is entitled to refuse. They are required to conduct affordability tests under FSA requirements and according to their own credit scoring. If they refuse you may consider whether anyone will act as a guarantor which can aid your application. If this is not possible one possible outcome is that sometime down the line you may need to consider selling the property but it is really to early to consider this or know whether it would even be an issue.

Josh-2010 :

Certainly mother will not be able to force you to sell without going to court and of course you would make counter applications in respect of claims in respect or the property and your fiances estate as discussed above were she to do so.

Josh-2010 :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Josh-2010 :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.

JACUSTOMER-z9y31q13- :

Would it be possible to send me in writing this info as not good on computers. Mr tony xxxxx xxxx xxxxxx road, DA13 9LZ or any other legal advice concerning my predicament.

Josh-2010 :

Sorry for the delay in reverting to you. Either my connection or the site has been slightly unstable.

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