Advice with ownership after death of ex - Scotland

[ThistleFairy]

Hi, apologies, I realise I posted this in the welcome part by mistake.

I was hoping for some advice and hopefully an end to a very painful chapter of my life.

I'm based in Scotland. My ex wife and I still shared a mortgage despite her remarrying. As per the minutes of agreement, she was supposed to take over the mortgage herself once she was able to afford it, but never did, so I remain on the mortgage account despite the mortgage coming out of her bank account.

She has since passed away without leaving a will. I spoke to the mortgage company, who are now holding me 100% responsible for the outstanding balance (around 10k) and will be taking future payments from my bank account.

Also, on the minute of agreement, it said that any survivorship destination in the Title to the house will not operate and the property will pass to the respective executors of the parties in the event of the death of either or both of us prior to the completion of the transfer of title, and both parties specifically revoke any survivorship destination contained in the Title to the house and hold same as having evacuated. My understanding is the deeds are the documents that prove ownership, and, because she never took over the conveyance of the house, I am still on these deeds so I still own a percentage of the house. Is this correct?

To muddy the waters a bit more, her husband (estranged as they were apparently separated) is now going after the house despite not being on either the mortgage or the deeds.
'Jus Relicti' which I understand to mean I don't have any rights to a part of her estate - happy with that as it meant that our child (over 18) and her child (over 18) would benefit from her estate, but it also means her current husband does have a claim on the house. But I'm guessing this right to her estate is now relevant to her current husband, as they were still legally married despite being separated.

The hope was that a death in service payment which was to be paid to her eldest, as they listed as next of kin, would clear off any outstanding mortgage payments, clearing me from the obligation for paying for a house I do not live in, have not for lived in for10 years, or would benefit from were it to be sold, and leaving me clear to transfer my share of the property to her/our children, by changing the deeds to their names.

I also believe that ,as she had no will, the court will be appointed her executor, and will be responsible for settling/distributing the estate, and deciding who benefits from her movable estate.

So, I'm looking for some advice regarding the following:

If I am still on the deeds, do still I own a share of the house?

If so, does her husband or executor of her estate have any claim to my share?

Will the death in service payment become part of her estate if in her next of kin's name (not her husband), and if so, could this still be used to pay off the mortgage?

Can her husband sell the house if I am still on the deeds?

Will her portion of the house be split between her husband and her surviving children, or because of the lack of a will, can other family member make claim?

Our divorce was very bitter and our subsequent relationship was pretty acrimonious and I've spent the last 9 years trying to distance myself from her ongoing dramas, and yet it still goes on even after her death. That may sound cold hearted, but it was a horrible marriage, and I've spent the last 9 years being verbally abused, threatened, harassed, lied about, by her on a regular basis, and it has really taken it toll on my mental health and wellbeing. I just want this to be over and to be free from all this.

If you've got to the end of this post, thanks for taking the time to read it. Any other advise in these circumstances would be greatly appreciated.

[sederunt]

After the divorce, if the title was not changed and there was no contractual arrangement to do so, and on the basis of what you say, it looks like you may continue to own a share of the house. If so, this share forms no part of your ex’s estate and cannot be (legally) claimed by her husband (H).

The death in service payment may be outside the estate if the payment is at the discretion of the scheme trustees. But whether it is paid to the nominee might also be subject to discretion.

It may be that a share of the outstanding mortgage should be a debt against your ex’s estate.

If you are a part owner you cannot, in principle, prevent sale of the house.

Where intestate, a spouse has an entitlement to Prior Rights which includes the deceased’s interest in a house up to £473k. However the entitled spouse needs to be ordinarily resident in the house for this part to apply.

The estate would potentially pass to H or be shared by H and the children - it depends on the size of the estate and how Prior Rights are interpreted (or represented). No other family members will have entitlement.

The court isn’t the executor, but appoints the executor. Where a person dies intestate, the person(s) eligible for appointment needs to apply. And it is for the executor to distribute the estate. There is an established order of eligibility for appointment as executor. H is solely eligible if Prior Rights will exhaust the estate, otherwise H and/or the children can apply.

The person(s) appointed executor (decerned executor-dative) will also have to apply for a Grant of Confirmation to allow the sale or transfer of her house share.