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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3772
Experience:  Solicitors 2 years plus PQE
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I am in a joint mortgage with my partner who has terminal cancer,

Customer Question

I am in a joint mortgage with my partner who has terminal cancer, what happens with the mortgage after he has died?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

I am sorry to hear that you are in this position. The liability for joint mortgages is known as "joint and several". This means that unless the mortgage contains a specific provision requiring you to repay upon the passing of one of the mortgagees, you will assume full liability for the mortgage upon his passing.

Do you know where you own the property as Joint Tenants or Tenants in Common? If you own it as Joint Tenants you will automatically inherit his share in property after he has passed away.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

How will I find out if we are joint Tenants or Tenants in common?

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If you go to the Land Registry and download the Official Coipy for your property or ask the solicitor that sold you the property for the same.

The Official Copy contains three sections A,B and C. If you look at Section B if it contains the following wording "RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Registrar or the court" - then you are tenants in common. If it does not contain this wording you are joint tenants.

Kind regards

AJ