Tenants in common & death

[neptune74]

Hi all... i have had lots of good advice from contributors on the forum so I hope I can get further help.

i have a property with my (now) ex which we own with a joint mortgage as “tenants in common” due to me having more cash into the house etc. We have a deed of trust in place for if the house is sold, so what equity i have is protected.

My question, if either of one of use dies and there is still a mortgage outstanding does estate of the dead party have to pay off their half of the mortgage, as with other debts under probate? Let us presume no mortgage protection policy in place but there is a substantial estate available for probate. (Death in service payment, investments etc)

Thanks in advance all.

[Law Student 3]

If there is a death of one of the tenants in common and it is a joint mortgage, the surviving tenant in common is still responsible for paying their share of the mortgage. If the mortgage is jointly owned, you are both jointly responsible so the debt will transfer onto the surviving tenant in common.

[neptune74]

Hi all.... Unfortunately, my ex partner passed recently, and this has resulted in some issues which I would appreciate any assistance. As per the previous post we had joint mortgage as Tennant's in common, but had a deed of trust in place to gaurentee what I contributed to the mortgage originally. House is currently half completed extension, (which I can't afford to finish) therefore not signed off by local council as suitable for sale. The house is estimated to be worth 180k in current state, with a 135k mortgage outstanding. The deed of trust states that if the house was to be sold the first 125k would go to me. Anything over will be split. However, under current market values and mortgage any profit would be less than 125k, so I presume if I had to sell,i would all go to me and my children as it doesn't exceed 125k, instead of my ex's estate???

I have also received a solicitors letter today stating that the executors want to conclude probate promptly and have asked that I either sell the house or pay off his part of the estate.????

I have a few questions, and would appreciate any advice

1. Can they force me to sell the house?
2. Do I need to respond to the request or are they just trying to scare me?
3. The mortgage provider has now stated that my ex has named a another family member to be her representative on my mortgage (after her death). So now they state Instead of the mortgage reverting to me solely, I now have a joint mortgage with someone I don't know......can this be possible?
4. If point 3, is allowed how can I force them to pay the mortgage? Or can I make a claim against their estate for reasonable financial provision?

I ma sure they have sent the letter on Friday so I can't seek advice over the weekend, and just worry all weekend.

Help!!!