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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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if a mother dies without leaving a will do her children have

Customer Question

if a mother dies without leaving a will do her children have any claim to her huse even if there is a surviving partner ,but they had never married
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who actually owns the property?
Clare
Customer: replied 3 years ago.

the house was originally my daughters from a previous marriage but she added her new partners name to the deeds some time ago approx 15 years i think

Customer: replied 3 years ago.

i think i have answered this already but just in case i did not


the house was originally my daughters with her previous husband ,but when they divorced it was signed over to her alone and then about 15 years ago she added her new partner to the mortgage and there was no insurance to pay it off at death .as far as i know ,so he is still paying a mortgage on the property

Expert:  Clare replied 3 years ago.
Hi
Sorry for the delay
Do you know if they held the property as Joint tenants or as Tenants in Common?
Clare
Customer: replied 3 years ago.

I,m sorry but i don,t know that and i am not able to ask as we are also not in contact right now


.all i do know is that he has been to the building society to have her name removed from the mortgage

Expert:  Clare replied 3 years ago.
Hi
How old are her children?
Clare
Customer: replied 3 years ago.

twins of 24 and boy of 17

Expert:  Clare replied 3 years ago.
Hi
Are there any other assets?
Clare
Customer: replied 3 years ago.

none that i know of

Customer: replied 3 years ago.

i don,t believe so

Expert:  Clare replied 3 years ago.
HI
Where is the 17 year old living?
Clare
Customer: replied 3 years ago.

at home with his father and until last sunday so was the 24 year old son


but his stepfather has made him homeless now, hence my original question

Expert:  Clare replied 3 years ago.
Hi
If the property was owned by both of them as Beneficial Joint Tenants then I am afraid that the property passed to her partner automatically on her death.
Sadly it seems likely from what you have said that this is how they held it - but you can check by downloading a copy of the Title Register
http://www.landregistry.gov.uk/public/property-ownership
If there is a paragraph -in part B that says
"No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court".
Then the news is good - if not then I am afraid that there is nothing that can be done
Please ask if you need further details
Clare

Clare and 3 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

thanks for your advice Clare i have ordered a copy of land registry and i hope it does contain the info i need

Expert:  Clare replied 3 years ago.
Hi
IF they held as Tenants in Common (if those words ARE there) then your daughters half of the property is shared between the three children
Clare
Customer: replied 3 years ago.

Thanks again Clare i hope this is the case


also may i ask you another question about my grandson please ?


when his stepdad threw him out he told him that he cannot have his personal belongings until he gives him £225 which he says he is owed by Dan .£100 of which is rent ??? and the other £125 is for some clothes which were a xmas present which didn,t fit CAN HE DO THIS ??

Expert:  Clare replied 3 years ago.
Hi
His stepfather has not right to refuse him his personal belongings whether or not there is money owed,
If he cannot get in while his stepfather is out to recover his belongings then he will have to threaten to sue him for the value of them
Clare

Customer: replied 3 years ago.

Hi Clare

i have received a copyof the title deeds from the land registry and it doesn,t contain either of the phrases you quote above

copy attached below

 

B: Proprietorship Register
This register specifies the class of title and
identifies the owner. It contains any entries that
affect the right of disposal.
Title absolute
1 (08.03.2002) PROPRIETOR: xxxxxxxx and xxxxxxxxxxxxP of 10
xxxxxxxxxxxxxxxxxxxxxx
2 (08.03.2002) The Transfer to the proprietor contains a covenant to
observe and perform the covenants referred to in the Charges Register
and of indemnity in respect thereof.
3 (25.10.2007) RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate is to be registered without a
written consent signed by the proprietor for the time being of the
Charge dated 22 October 2007 in favour of Webb Resolutions Limited
referred to in the Charges Register.

Expert:  Clare replied 3 years ago.
Hi
Then I am very sorry but it means that the property passes automatically to her partner and there is no claim that the children can make
Clare
Customer: replied 3 years ago.

bad news for them then


but many thanks for all your help


sylvia

Expert:  Clare replied 3 years ago.
Hi
You are welcome - and I am sorry
Clare