Inheriting a House With a Mortgage: What to do - Sell House Fast (2024)

Losing a loved one can be a difficult and emotional time for anyone involved but adding inheriting a house with a mortgage to the mix as well, it’s bound to make life even more stressful. In this post, we’ve simplified everything you need to know if you are inheriting a house with a mortgage, along with some useful tips to make the process as seamless and stress-free as possible.

What happens if you inherit a house with a mortgage in the UK?

Often when buying a house, the homeowner agrees an instalmentof payments when the loan is created. As a result, this means that the estate(total value of assets) becomes collateral for the mortgage. If the borrower isunable to settle their monthly repayments, the bank can take back possession ofa mortgage property to retrieve their money.

This means that the executor of the property (the person managingthe affairs of a deceased person’s property) will become responsible forsettling the mortgage before distributing the profits to the beneficiaries.

If you are the sole heir to the house, are inheriting a house with a mortgage and accept the position of administrator, it is likely that it will be your responsibility to rectify the debt. To do this, you must apply for a probate first which usually takes between 9 and 12 months from beginning to end.

Inheriting a House With a Mortgage: What to do - Sell House Fast (1)

When should you let the mortgage lender know?

As soon as you are able to, it is important to speak with thedeceased person’s mortgage lender as soon as possible to inform them that thehomeowner has passed away. At this point you should let the lender know thatyou have inherited the house with a mortgage, and they will be able to discussthe next steps with you.

Generally, under the circ*mstances, the mortgage companywill be flexible. Once the mortgage company is informed, they may be able toallow the property to go into deficit without any penalty, but this will bereviewed on a case-by-case basis depending on the lender and their rules.However, it’s worth noting that nothing more can be done without the grant of probate.

How to avoid foreclosure

There are several avenues you can take to prevent repossession occurring when inheriting a house with a mortgage. Initially, you have a bit of time to choose the best way to resolve the inherited debt and prevent a foreclosure (taking possession of a mortgaged property when mortgage payments aren’t met). This is because the mortgage’s interest and payments are likely to be put on hold until the grant of representation has been finalised.

Ways to avoid a forced sale of an inherited property:

  • Sell significant assets inside the house to settle the mortgage
  • Refinance the house and continue making monthly repayments
  • Decide to sell the home quickly to cover the costs of the mortgage
  • Use your rainy-day savings or personal assets
  • Check the terms within the deceased’s life insurance

What happens to a joint mortgage when your spouse dies?

If your partner has passed away, you’ll be pleased to know that you are not automatically responsible for the whole joint mortgage. Instead you will need to apply for a new mortgage loan in your name.

It is worth noting that you need to prove that you can afford to meet these repayments and meet the new mortgage requirements, otherwise you may be refused a mortgage and even face repossession.

Financing a mortgage after the death of a spouse can be expensive. It is worth exploring the terms and conditions of your partner’s life insurance, you may be entitled to money which could be offset against the mortgage. If their insurance coverage was placed in a trust, you might be able to avoid waiting for the completion of probate to be completed.

Inheriting a House With a Mortgage: What to do - Sell House Fast (2)

Home equity loan on inherited property

If you want to keep the home, you will need to apply formortgage or cover the outstanding mortgage outright. However, the probateprocess must be completed before the new loan begins.

The new loan can either be for a residency or buy-to-let. Ifyou would still like to keep the property in the family name or hold off on a saleuntil a later day, you may want to remortgage to rent the property.

However, there are significant responsibilities and costs associated with this, such as pay income tax on the profits made, so be sure to read up about becoming a landlord about this before going ahead.


Alternatively, if you would like to sell the property quickly to pay off the mortgage, it may be a good idea to consult a quick home sale company, and use the remaining money to move elsewhere and downsize.

Beware: If you choose to go down this route, be sure to watch out for We Buy Any House scams, as you may end up out-of-pocket.


If you would like any further information or a free quote, get in touch with our team today.


Read more:
Your Guide to Inheriting a Home

Feature image credit: Africa Studio / Shutterstock

Inheriting a House With a Mortgage: What to do - Sell House Fast (2024)

FAQs

Inheriting a House With a Mortgage: What to do - Sell House Fast? ›

If you are inheriting a house with a mortgage then it must be paid off before you proceed with the sale. Doing this reduces your potential proceeds from the sale, and impacts your ability to maximize the profit. You can negotiate with the lender to assume the existing mortgage or refinance the loan.

What happens when you inherit a house with a mortgage? ›

If you inherit a house with a mortgage, you can sell the house or assume the mortgage yourself. You should determine the equity and costs before making any final decisions. You might also consider refinancing to lower the interest rate or monthly mortgage payments.

How do you avoid capital gains on a house that was inherited? ›

Here are five ways to avoid paying capital gains tax on inherited property.
  1. Sell the inherited property quickly. ...
  2. Make the inherited property your primary residence. ...
  3. Rent the inherited property. ...
  4. Disclaim the inherited property. ...
  5. Deduct selling expenses from capital gains.

What is the best thing to do when you inherit a house? ›

What's the best thing to do when you inherit a house?
  • Call your lawyer or family estate planner. ...
  • Secure the property. ...
  • Assess the condition of the property. ...
  • Transfer the utilities. ...
  • Pay any past-due taxes or utility bills. ...
  • Get an appraisal.
Jun 4, 2023

How soon should you sell an inherited house? ›

Is there a time limit on selling an inherited property in California? No, there is no time limit on selling an inherited property in California. Once the probate process is completed and you are legally the owner, you can sell the property whenever you choose.

What happens to a house with a mortgage when the owner dies? ›

In most cases, the responsibility of the mortgage will be passed to the beneficiary of the home if there is a will.

What are the disadvantages of inheriting a house? ›

Con: The unexpected burden of ongoing expenses

Expenses such as mortgage payments, utilities, home insurance, property taxes, maintenance, repairs, and more can collectively represent a significant monthly financial commitment that your child or children may not have had to manage previously.

What are the tax implications of inheriting a house? ›

Inheritances are not considered income for federal tax purposes, whether you inherit cash, investments or property. However, any subsequent earnings on the inherited assets are taxable, unless it comes from a tax-free source.

What is the inherited capital gains tax loophole? ›

When someone inherits investment assets, the IRS resets the asset's original cost basis to its value at the date of the inheritance. The heir then pays capital gains taxes on that basis. The result is a loophole in tax law that reduces or even eliminates capital gains tax on the sale of these inherited assets.

Do I have to report the sale of an inherited home to the IRS? ›

Gain or loss of inherited property must be reported in the tax year in which it is sold. The sale goes on Schedule D and Form 8949 (Sales and Other Dispositions of Capital Assets). Schedule D reports any capital gain or loss on the sale. A gain or loss is based on the step-up in basis, if applicable.

How much tax do you pay when you sell an inherited house in California? ›

“California does not have a lower rate for capital gains. All capital gains are taxed as ordinary income.” In California, this means that if you inherit property and sell it, the resulting profits are taxed as income. California also does not have a specific inheritance tax.

What happens when I inherit my parents' house? ›

If a house is willed to you alone or passed to your individual control through a trust, you have the absolute right to keep it as your own. You may live in it, sell it, or rent or lease it to others. You should first determine whether there is a mortgage on the house.

How do you empty an inherited house? ›

10 Essential Tips for Clearing Out Your Inherited Home Before Sale
  1. Seek Professional Guidance. ...
  2. Allow Time for Grieving. ...
  3. Distribute Personal Belongings. ...
  4. Assess Interest in Household Items. ...
  5. Evaluate Antiques and Vintage Pieces. ...
  6. Arrange Shipping for Out-of-Town Heirs. ...
  7. Sell Leftover Items. ...
  8. Coordinate Donation Pick-Ups.

How to determine fair market value of inherited property? ›

Tax assessment records and local realtors can help you, but the most legally defensible estimate is from a professional appraiser. With a professional appraisal of the property, you can make sure you're being treated fairly by the executor and other heirs—and you can decide whether to sell.

Is an inherited home considered investment property? ›

In this instance, if the home appreciates (rises in value) between when you inherited it and when you sell, you will be subject to capital gains tax on the difference. This is because the inherited home is now considered an investment property, even if you haven't sought to be a real estate investor.

What is the holding period for the sale of inherited property? ›

Inheritances — Your holding period is automatically considered to be more than one year. So, when you sell the inherited stock, it's subject to long-term capital treatment. This applies regardless of the actual holding period.

How long can a mortgage stay in a deceased person's name? ›

No, a mortgage can't remain under a deceased person's name. When the borrower passes away, the loan won't disappear. Instead, it needs to be paid. After the borrower passes, the responsibility for the mortgage payments immediately falls on the borrower's estate or heirs.

How do I take over a deceased parent's mortgage? ›

To take over the mortgage of an inherited house, you'll need to talk to the loan servicer first and let them know you've inherited the property. You'll likely need to provide proof of death and documents that prove you're the rightful heir to the home.

How do I assume my mortgage on an inherited property? ›

Apply for assumption: Complete the lender's assumption application. This may involve proving your creditworthiness and ability to make mortgage payments. Review the terms: Once approved, review the mortgage terms. Make sure you understand the interest rate, payment schedule, and any changes from the original mortgage.

Does inheriting a house count as income? ›

Inheritances are not considered income for federal tax purposes, whether you inherit cash, investments or property. However, any subsequent earnings on the inherited assets are taxable, unless it comes from a tax-free source.

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