Ex has died and left a lodger in the property we both owned..

[crazybit]

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.

She could move her 2 brothers or father in for 3 nights a week then. if you don't assert the ownership immediately some dies it gets harder and harder to get back in.

I agree that the longer you take before you gain entry the more the person living there may acquire by default a statutory tenancy.

Do you not have to get authorisation to let a property if you have a mortgage?

The property wasn't let. The occupier was a lodger, not a tenant.

She could move her 2 brothers or father in for 3 nights a week then. if you don't assert the ownership immediately some dies it gets harder and harder to get back in.

Yeah, that does sound an idea, agreed. Or good male friends willing to do her the favour.

OP I absolutely agree that avoiding the arse living there getting any sort of rights by default should be a priority. You can't even sell a house with such an unsavoury sitting tenant, presumably.

OP do you have any way of remembering or finding out who the solicitor was that dealt with the original house purchase? There is every chance that they will hold a copy of the paperwork which will let you see if there was possibly a life insurance policy to check up on and most people have the same solicitor draw up a will around the same time - just a thought. A lot of solicitors will give a free first consultation, I strongly recommend you find a good one and get some immediate legal advice. I would also call the mortgage company and the financial ombudsman and get as much help as you can. If you are the only other on the deeds then that building is your responsibility entirely now and you can be held accountable. Start documenting everything if you haven't already and get that house lodger free and secure asap. You need to make sure the insurance is being paid on the building and if you have any doubt call an insurance company and start a policy now - you can cancel it if you find anything else meantime.

Just to really spell that out if your lovely lodger burns the house down this evening you may be left with a whopping debt, no insurance to cover it and nothing to show for it. Get buildings insurance.

Were you married to the ex or did you not marry or get a divorce? How long since you left? You clearly did not dissolve any financial association so maybe you can access his financial records if you are still officially his wife?