My ex and I have owned a house for 16 years, he has been living there and I have not, he was violent and I didn't have much choice.
He has now died and so the mortgage has fallen to me to pay. He had been paying the interest off only so the full capital is yet to be paid for. He cashed his endowment in years ago and no insurance policy is on the property or his life.
I now find out that his (druggy) mate has been living there and according to ex's mother (who is reluctant to tell me anything) he has a Tenancy Agreement and Housing Benefit pay his rent.
I am a single mum of 4 with my eldest grieving for her dad, on a very limited income myself and really don't know where to start. He died less than a 2 weeks ago and my mortgage company are chasing me already as he was in arrears.
The other thing is that no death certificate or interim death certificate will be issued for a minimum of 8 weeks as it was suspicious circumstances so no accounts can be closed down as yet.
Can anyone shed any light on if I have to honour any kind of tenancy? I was not aware and would never have agreed to it. Also, I am unable to get hold of a copy and reluctant to go round as I believe he is not exactly a reasonable person.
In a situation this complex, you really need proper legal advice. It will be impossible to say what your position is without someone looking at all the paperwork. Please see a solicitor. They will also be able to help you deal with the mortgage company.
Was it a tenancy in common, or a joint tenancy - ie are you now sole owner, or is his share left to someone else?
I'm afraid I think you might benefit from a chat with the CAB at a minimum, and a decent solicitor at best. Women's Aid may be able to help you too - this situation only arose because you were frightened of him, from the sounds of it.
If hb is being paid then there is some sort of paperwork in place. You need to see a copy of this asap. Contact the tenant and ask them if they have a copy.
Depending on the paperwork will depend on how you proceed. I would also try and get a couple of valuations on it so you know your position if you decide to sell. If the valuations are significantly higher than the mortgage this could buy you some time with the lenders.
Also check who your exs next if kin is. I presume it isn't you? Depending on how the tenancy is worded if it doesn't name you as a co-owner it could get complicated as the rent will legally go to the person named or their estate. So if you aren't named and there is say 10 months left on the tenancy the rent could pass to the estate while you remain legally responsible for the mortgage payments.
That would be my understanding of the law relating to tenancy agreements and only because I dealt with a similar case while in the lettings industry so definitely check and raise that point with a solicitor.
And I am sorry for your loss. He might have been an ex but I bet it was still a shock in the circumstances.
Just a thought, OP - are you 100% certain he had no life insurance? (It's a long time since I took out a mortgage, but I had the feeling that it was a proviso from the building society that you had to have life insurance.)
I'm pretty sure Optimist. . He lived hand to mouth..had been in prison and I'm pretty sure he didn't even have a bank account. He cashed his endownment in for the house years ago. Even if he has, I'm not sure I would be entitled to anything anyway. My daughter is 15 so probably not classed account has next of kin. I was under the impression that it was legally required too but the interest payments are pretty low so they were probably just grateful to receive them.
If you are divorced or never married then your daughter (his daughter?) would be the next in line to inherit his estate. If your tenancy of the house is as joint tenants then the house will be yours and fall outside of the estate. Anything else - bank accounts, shares and such would go to his daughter.
Alpaca that is only true if he died intestate. If there is a will then the OP would have to show his daughter was being maintained or financially dependent on him, which from the sound of things isn't true. Also, given the OP gets what sounds as though was his main/only asset by virtue of the joint tenancy then there wouldn't be much point making a claim.
An interim death certificate will work for bank accounts etc in exactly the same way as a full one (assuming you're in England). Only issue is for life insurance but that doesn't sound like an issue. Did the banks say they wouldn't accept the interim certificate?