Is there any help

[Deleted member 267285]

He did his best so as she or his ex girlfriend got nothing. The chances are is that her name is not on the Mortgage.

There is about £120,000 to pay.

She clearly needs some assistance, quite a few recommendations have been suggested (Post #4 as well ). Perhaps she could speak to the mortgage lender as well?

 

[JohnD]

What if there’s a prenuptial agreement?

they usually say what will happen in a divorce, and may not be binding. Who will go to court to try to enforce it?

 

[Bodd]

She won’t know until she contacts them. It’s worth a try at least.

So as not to give her false hope, perhaps you could contact them initially and ask what help they could offer and then let her know if they can?

I've said to join their Forum ( hopefully Nosey not on it) as there will be people who will know.

I will call Macmillan

 

[Deleted member 267285]

Who will go to court to try to enforce it?

The mortgage lender?

 

[JohnD]

The mortgage lender?

What would a pre-nup have to do with them?

 

[Deleted member 267285]

What would a pre-nup have to do with them?

I don’t know, but was thinking if the lender did go to court, then it might be looked at if she’s entitled to the house? Or if it indeed goes elsewhere?

 

[JohnD]

the mortgage will be secured against the house, as a prior charge, so overrides any later arrangements he might have made in a gift or will. He can only dispose of the value or house after the mortgage has been paid off (often done at time of Completion).

Even if his wife signed a pre-nup saying "the house goes to my mum" (which, with dependent children, the courts might not enforce). The mum would have to try.

The lender is unlikely to discharge until they have been paid back, they won't really care who the house is left to. But if there is no will it won't arise.

 

[Harry Bloomfield]

If they are still legally married, then the house is hers.

Andy

Correct, including the entire Estate! Only a divorce or a Will can change that.

 

[JohnD]

Correct, including the entire Estate! Only a divorce or a Will can change that.

in England, sometimes
https://www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales/yes/yes/yes

https://www.gov.uk/inherits-someone-dies-without-will/y

https://www.thegazette.co.uk/all-notices/content/103535

 

[JohnD]

here's a simple diagram for Scotand

 

[Old Salt]

Try CAB, they may point her in the right direction for advice.
Some housing associations will buy your property and then rent it back but it may need to be sorted out first.
Some solicitors will give a freebie or cheap first visit.
Council may help with advice centre, local charities, church, do gooders?

 

[Bodd]

CAB

 

[Deleted member 267285]

CAB

Citizens Advice Bureau

 

[Bodd]

Citizens Advice Bureau

Thanks I pasted it in wrong place

 

[Bodd]

Thank you all. Again you have shown what a caring bunch you are.

I can help and will help where I can, I'm lucky I have a mate who's a very caring person who has helped me help others in the past. His wife works for Mind so hopefully she will be able to add.


His 3 beautiful young girls are all at stages that they need support.

The eldest just started university in Canterbury, so leaving her little sisters at this time must be hard.

Thanks again but don't stop if you have anymore advice then please do...