How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16174
Experience:  I have been practising for 30 years.
Type Your Law Question Here...
F E Smith is online now

My husband has passed away I have just found out that he

This answer was rated:

My husband has passed away I have just found out that he took out a interest free mortgage in 2007 as we were not married then am I liable to have to pay it back
JA: Where are you? It matters because laws vary by location.
Customer: Preston lancashire
JA: What steps have you taken so far?
Customer: Only found out today
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I am just at a loss as I did not know anything about it and I do not no how he did this as he could not read or write thank you

Good afternoon. I will assist with your question - be aware this is an email not chat service.

so he was illiterate but somehow managed to sign the paperwork?

and who is the mortgage with?

do you know when the term expires?

how long were you together and married in total?

did he leave a will?

F E Smith and 6 other Law Specialists are ready to help you
Customer: replied 16 days ago.
The halifaxnext year it expires have been together for 30 years and were married in 2012 no will as he could not read or write he was ashamed
Customer: replied 16 days ago.
Please call me when you are available

I said I would confirm what we spoke about.

Your late husband died without writing a will and therefore under the rules of intestacy a spouse gets the first GBP270,000 of the deceased estate +50% of the remainder.

The other 50% of the remainder goes between the deceased’s children equally and if any of the children have died, the deceased’s parents share goes to their children, the deceased’s grandchildren.

What that means therefore, in your case, is that the house now belongs to you.

If you don’t write a will, the house goes to your siblings if you have no parents.

The house is in joint names and you can remove your late husband’s name by submitting land registry form DJP to the land registry along with a copy of the death certificate. It is free. Here is the form:

And the land registry address

HM Land Registry Citizen Centre
PO Box 74
GL14 9BB

You need to speak to the Halifax first because they may allow you to continue as you are but meanwhile keep paying the mortgage.

What you are enquiring about is a Lifetime Mortgage and it may be that you need to speak to a mortgage broker.

The market leaders are Aviva:

Basically, you take the money out of your house (from which you would pay the Halifax) and the interest either rolls up and is repaid when you die or you repay the interest over the period of your lifetime. Hence lifetime mortgage.

So there is light at the end of the tunnel unfortunately you are looking at it very early on before they are putting any pressure on you.

As you know, when we were on the telephone I put my details into a Equity Release website and we thought it was a calculator but it wasn’t.

Anyway to cut a long story short I got a telephone call from a mortgage broker in Bolton who would be happy to look at this.

I don’t know them, so make your own mind up.

The lady rang me as Natalie and her number is ***** 472073

she is only there till 530 today but her colleague Sean will be there till 630

or ring tomorrow.

She said that based upon the figures I gave her, it wasn’t a problem.

So there is light at the end of the tunnel.

Make the enquiries that I told you earlier and by all means bring this broker or anybody else.

I must emphasise that I don’t know these people, they simply responded to an enquiry so make your mind up yourself.

Kind regards