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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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My father jointly owned a house with my brother [mom was not

Customer Question

my father jointly owned a house with my brother [mom was not named on the registry]
dad died in 1996 - as mom is still with us - does this mean she automatically acquires his share ?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
he didn't leave a will to my knowledge
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your question.
Do you know how your father and your brother held your interests, it will either be as "joint tenants" or "tenants in common"?
Kind regards
Tom
Customer: replied 1 year ago.
oh i,m not sure - where would i find that information from please - would it be on the land reigstry ?
Expert:  Thomas replied 1 year ago.
Yes. Do you have a copy of the land registry title for the property identifying your brother and father as owning the property at "Section B: Proprietorship Register"?
Tom
Customer: replied 1 year ago.
yes - i do - in front of me - it says
title absolute - then both their names as proprietors
Expert:  Thomas replied 1 year ago.
Okay.
Below their names is there an entry which reads as follows:
" 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"
Tom
Customer: replied 1 year ago.
no - nothing at all like that
Customer: replied 1 year ago.
nothing at all like that
Customer: replied 1 year ago.
are you still there please
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I don’t really know if this is good news or bad news.
If there is no entry there in the form I asked about then this means that your father and brother held the property as “joint tenants”. Assuming this is hold they held the property at the time of your father’s death then this would mean that your father’s interest in the property would pass automatically to your mother.
It would pass automatically even if your father had a Will which expressly stated that it should pass to someone else (eg your mother),
This means that all your brother would have to do in order to have the property transferred to his sole name would be to produce the death certificate to your father.
Only if they held the property as “tenants in common” (shown by the aforementioned entry being in the land registry title register) would your mother have potentially inherited the property.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you so much -you gave me the answers I was looking for !
Expert:  Thomas replied 1 year ago.
No worries.
Please do remember to leave feedback, otherwise I don't get credit for my time.
Tom
Customer: replied 1 year ago.
feedback has been left - many thanks - well worth it
Expert:  Thomas replied 1 year ago.
Thanks. Good luck.