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If you share ownership of a house with your spouse or your partner different situations may result:-
- If your spouse or partner dies and you own the property as joint tenants the property automatically becomes your sole property. The house will not go into the deceased’s estate.
- If, possibly, as a part of Inheritance Tax saving plan, you have owned the property as tenants in common, a share of the house will go into your deceased’s spouse’s estate. You will need to apply for probate. So make sure that you both have made Wills.
- If you own a house with a partner you should ensure that at the same time as you purchase your property you create a Declaration of Trust. In this document, you can set out who owns what. Make Wills. In your Wills you can deal with what happens after you die and ensure that the house passes to the survivor of you.
If you own a house in your sole name:-
- The ownership will pass in accordance with your Will if you have made one. Do make a Will. It avoids a lot of unnecessary delay and expense.
- If you have not made a Will then the rules of intestacy apply. Your solicitor will advise you what would happen. Your nearest is not always your dearest! So make a Will.
What happens about the bills and expenses of running the house and in particular the mortgage?
- If you own the house jointly and you were joint tenants then you remain liable to pay the mortgage and all the bills. The house is yours. If you cannot afford the mortgage repayments by yourself you may need to sell the house or possibly find a cheaper mortgage. All the other bills remain your sole responsibility. If you are now living in the house alone you may qualify for a discount on your Council tax.
- If the property goes into probate then the bills are frozen. They will be paid from the estate of the deceased when probate is granted and funds are available.
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