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JGM, Solicitor
Category: Law
Satisfied Customers: 12076
Experience:  30 years as a practising solicitor.
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My mother died recently, we have lived together as tenants

Customer Question

My mother died recently, we have lived together as tenants in common but no declaration of trust for almost 10 years. Although mum initially put in more than me, we had a joint mortgage and although interest only I have paid that during our time in the house plus all bills etc. My brother and sister are insisting the house is sold asap and state I should pay the full mortgage from my share of the house, I am saying no as regardless of what was put into the house the mortgage was taken out to make adaptions to suit mum and also because we didn't actually have enough for house and fees. What is my position as it is all getting very stressful as I also run my business as a childminder from home?
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

The position is that when the house is sold the mortgage will be paid off from the whole proceeds of sale. You should then get your half share and your mother's share will be split between her beneficiaries. You could also argue that you should be credited for a half share of the adaptations to the house but you may find that a step too far in dealing with your siblings. I hope that helps. Please leave a positive rating so that I am credited for my time.