My Ex Has Passed Away

Hi,

I have been informed that my ex-husband has passed away. I have not been given anymore information than that and don't even know whether he had a will, a solicitor or anything like that. We were in the prossess of selling the maritol hom edue to the mortgage coming to the end of it's term and as his name is still on the documents I could not remortgage. The ancillary relief that was set up when we divorced in 2012, made provision for him to receive 18.87% of the market value of the house and 38% of my pension (from working with the council for 25yrs) I removed my portion in 2018 and put it in a private plan but his stayed in the Council coffers).

I know that we were named as tenants in common on the land registry title and therefore his half of the house becomes mine so the sale can now proceed (he was blocking it up until he passed away).

I fully understand that I am not classed as next of kin and have no right to go through his paperwork but but my solicitor has confirmed that my/our two sons are and they are arranging to access his property and search to see whether he did in fact leave a will and if so who his executors were.

Obviously if he hasn't left a will then the questions come to mind are:-

a) What now happens to his 18.87% of the proceeds from the house sale (even my solicitor was unsure on that one), and what happens to it if he has left a will.
b) If his 38% portion of my pension is still in the possession of the Council, can I now apply to have it reverted to my pension pot.

Any assistance on this would be welcome.

Thanks in advance

Sue

If you are tenants in common then you do not receive the house through survivorship. That is for joint tenancies, not tenants in common. If you are tenants in common, his share passes to his estate and his executor will need to agree the sale.

What happens to his share of the house and the pension depends on whether he had a will. If he did, it will depend on what the will says. If he didn't l, it would all pass to your sons in equal shares.