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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10457
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My son and I own a property as Joint Ownership. He decided

Resolved Question:

My son and I own a property as Joint Ownership. He decided to take out a mortgage
payment of the property.
He is about to marry.
He has said previously that I, as his next of kin, would have sufficient monies from his estate to pay off the mortgage. As his wife will now be his next of kin where would stand
in law and who would be responsible of the mortgage?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

and thanks Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Could you confirm if you hold the property as Joint tenants or tenants in common?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

We hold the property as Joint Tenants

Expert:  Aston Lawyer replied 2 years ago.

Barbara,

Thanks reply.

Although the Mortgage is in respect of your "son's share", this is registered against the whole of the property.

As you may know, as Joint tenants, the property will pass to the survivor,upon the death of the first owner. So, the fact your son is now married does not affect matters concerning the property.

Therefore, if your son were to die first, the property will pass to you, and you will then be liable to clear the Mortgage.

I don't know if your son has taken out any life cover to cover this eventuality, but it would be wise.

I hope this assists you and sets out the legal position.

Please let me know if you reqire any further clarification.

Kind Regards

AL

Customer: replied 2 years ago.

My son has stated that he does not wish to sell the property, but as we

are all living under the same roof, I feel selling would be more convenient.

However, can my son prevent me from selling?

Expert:  Aston Lawyer replied 2 years ago.

Barbara,

You can indeed get the property sold, if this is what you feel would be best.

However, if your son does not willingly agree to sell, you will need to change the way you hold the property from Joint tenants to Tenants in common. This is a relatively straight procedure, but you may wish to speak to a local Solicitor .

Once the property is held as Tenants in common, you can apply to Court Order . This would of course be an expensive procedure, and would have to be the last resort.

However, I would hope that the mere threat of this to your son, will make him agree to sell willingly.

I hope this helps.

Kind Regards

AL

Customer: replied 2 years ago.

If my son agrees to the sale and the mortgage is then settled from the

proceeds, would I be bound by law to share this with him? Bearing in mind he decided to put his money into savings instead of allowing us to have a mortgage free property.

Expert:  Aston Lawyer replied 2 years ago.

Barbara,

Legally, I'm afraid he is entitled to 50% of the net proceeds, as you hold the property as Joint tenants. You would therefore have to take legal advice to argue otherwise, if your son does not agree to give you credit due amount.

Kind Regards

AL

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