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He paid the mortgage on his own throughout the 19 years they lived in the house together. He has an equitable interest in the house you are right through the doctrine of resulting or constructive trust. My probate chap has sorted this all out. Can anyone help with the mortgage point?
He was never and has never been a legal owner jointly or otherwise of the property, his claim for ownership for the house is purely an equitable one. Joint Tenants or not is irrelevant because he was never a legal owner of the property.
I did say in my post his name was never put on the deeds of the house, he is not on the mortgage nor does he yet have a legal ownership of the property.
My uncle, who's wife passed away a couple of years ago is facing losing his home for two reasons:
1 His stepchildren are trying to contest his inheritance of the family home (his wife died without making a will)
2. Due to ill health the mortgage, to which he is not a signatory, has not...