Family

[Debkit69]

The house we live in my husband bought with his mum, when she passed away she left my husband 60% and his 4 siblings 10% each, if we sell we have to pay them off but as we have a mortgage solely are they legally obliged to help with that or up keep please

[Debkit69]

The house we live in my husband bought with his mum, when she passed away she left my husband 60% and his 4 siblings 10% each, if we sell we have to pay them off but as we have a mortgage solely are they legally obliged to help with that or up keep please

[lawboy65]

I presume that your husband and his mother bought the property as tenants in common and owned equal 50% shares in the property.* You mention about a mortgage, is that you and your husband or your husband and his mother?* If it is the latter then the mortgage may be paid off on the death of the mother.*
However, when you say the *mother left 60% to your husband and the remainder split equally between 4 other beneficiaries.* Mother’s share in the property was 50% ( if as I presume they owned the property jointly)* Therefore, she can only distribute her share which I think she meant to do as half the property is your husbands but the mother’s half share is then distributed equally among 5 beneficiaries including your husband.* (Without seeing the document it may be that your husband receives 60% of your mother’s share and the other 4 siblings the remainder. This would mean a considerably lower amount.
The beneficiaries are not liable to pay anything towards the mortgage.* However, it gets complicated if the wording of the will does not state that they only receive their share when you sell the property or if you are holding their share in trust.* These things cannot be answered without knowing the full written facts.
*

[Debkit69]

Thank you, there is a restriction on the land registry, my husband held 50% so when his mum died she left him another 10% and the other 4 10% so my husband now has 60%

[des8]

OP has another thread on this subject https://legalbeagles.info/forums/for...1513931-family

Amethyst can they be merged please?

[des8]

If your husband bought the house with his mother, what percentage did each own or was it jointly owned?

How could your mother in law gift 100% of the property if it was co-owned with her son? Hence the first question.

[Debkit69]

It was jointly owned, so she gifted my husband 10% and the 4 others the same, many thanks*

[des8]

If the mortgage was taken out by your husband to fund his purchase, his siblings will have no liability in that regard.
What was the wording of the will regarding these bequests?
Besides being concerned about cost of maintenance, is there any corresponding request from the siblings for rent?

[Debkit69]

It said he had to make sure it was insured and maintenance kept up, thanks for your help, it was worth an ask*