I'm Still So Worried About This

[chrissa1]

http://www.theanswerb.../Question1003912.html

I have checked the Deeds to our property and in the Proprietorship Register it states:-

Proprietor: (My late husband's name) and (My Name).

Does this mean that as he has died, his half of the property belongs to me now and cannot be used by a debtor of my husband who has a Charge on the property?

[boxtops]

Chrissa, I don't know much about property law, but when you say "proprietor" do you mean that this is business premises? I thought from your other post that you were talking about your home.
I do know that your right to remain in a home is affected by how your joint ownership is described on the deeds, tenants in common or joint tenants - I'm not sure myself of the difference but one gives you security of tenure.
IMO you do need to seek legal advice on this point, do you still have your solicitor dealing with affairs? A chat with the people at the CAB might also help.

[chrissa1]

Proprietor means the owner of a property too. It's a house.

[tamborine]

It seems you've inherited your husbands estate, all his property/house & debts. If you cant settle his debts it can be realised against the property sale.

Contact CAB to organise a realistic debt payment scheme & remain in your home.

[chrissa1]

Tambo, it's a 2nd property we owned jointly and was a Holiday Let property and was bought as an income for our retirement. It has to be sold but is in negative equity now so noone will benefit from, its sale except the mortgagee.

BUT, as it all belongs to me now has the "debtor" any lien on it whatsoever?

[dzug2]

The mortgage company will have first call on it - so it sounds like there would be nothing left for the debtor even if he could make such an order. Whether he can or not - no idea.

[maclarencat]

I think you will find that when your husband died all his debts should have been settled from his estate before the estate passes to your ownership so I think that yes they do still have a claim on this property or anything else he may have owned.

[chrissa1]

That makes sense to me maclarencat but nobody seems to know the definitive black or white answer.

[themas]

In general terms maclaren is right, but that situation does not apply to you. From what you have said in your various posts, your husband did not have an estate - in other words there were no assets, only debts. His half share of the house was not an asset because it is in negative equity; the mortgage lender has first call on the value & there will be nothing left for anyone else.

The house was owned either as joint tenants or as tenants in common. (If it was the former, then your husband's share comes to you automatically & does not form part of his estate; if the latter then his share is left separately under the terms of his will or the intestacy rules.). However, because he had no estate, I think it doesn't matter which form of ownership you had. Just for clarity, if what you quote in your post is all the information there is on the land certificate about ownership, then it will almost certainly be owned as joint tenants.

So far as I can see you have no reason to worry about the Charging Order because it only related to your husband's share of the house & there will be no money left for the creditor once the house is sold & the mortgage paid off. However, do follow the advice given by Barmaid on your earlier post - she is a barrister & knows more about these things than any of the rest of us on here.

[chrissa1]

Thank you themas for your long post, I really do appreciate it. I would have answered sooner but my internet has been down all day and has just come back on. I Will do as you and Barmaid suggest.
Thank you.