• Conveyance Of A Property With A Registered Charge Where Lender Has Died

    By Guest on 18th Mar 2015

    I am the registered proprietor of a property which was purchased (to be occupied by myself and my three young daughters) after my divorce in 1992 with the sale proceeds of the previous matrimonial home and a loan on my personal insurance policy. There is a Charge registered at the Land Registry in 1995 in favour of my ex-husband to reflect the use of his share of the proceeds from the previous matrimonial home.

    The Charge follows the divorce court order in that many provisions related to me, but unfortunately, no provision was made in the event of of my ex-husband's demise. He died in November 2006 in America, intestate, and I have 3 communications from the Californian Probate Clerk confirming that no probate has ever been filed.

    My ex-husband had an American wife who died in July 2007. I have death certificates for both of them and there was no issue.

    I now wish to sell the property, but need advice on the best way to proceed so that the property can be conveyanced to a purchaser without undue delay or complication.

    I would appreciate your advice on the best course of action.

  • 1 Answers

    By Guest on 18/03/2015

    Thanks for your question. Here at FCA we are not experts in wills & succession and you should seek the advice of a specialist probate lawyer. The law on succession may be very different in the USA to the UK and I'm not which would prevail (though I think it would be UK law). In the UK when a person dies intestate his estate passes according to the order of entitlement on intestacy which means as he died before his wife hist estate would have passed to her (up to the first £250,000 worth anyway). After she died her estate, including the benefit of the charge, would pass to her husband if she remarried, or her children if she didn't or if no children, her parents or if no parents her siblings and so on. So whoever is ultimately entitled to the money would have to apply for probate for him, then his late wife. There may be an option to pay the money into Court in order to allow the charge to be removed. As I say, you need specialist professional advice here.

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