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JGM, Solicitor
Category: Law
Satisfied Customers: 12072
Experience:  30 years as a practising solicitor.
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A very good friend passed away leaving me their estate,

Customer Question

Hi, a very good friend passed away leaving me their estate, his wife is living in a care home and has Dementia. They owned a property in which there is a mortgage left to pay. They were Tenants in common at half each of the property. So who is liable to pay the mortgage, is it out of his estate or is it half each or as its a joint mortgage is it down to her ?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Tenants in common means that his estate and her estate have a joint obligation to meet the mortgage payments. Typically in this situation, the executor should be considering the sale of the house and the division of the sale proceeds after repayment of the mortgage. To do so the executor would have to apply to the court of protection for permission to sell the house.