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propertylawyer
propertylawyer, Solicitor
Category: Family Law
Satisfied Customers: 285
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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My parter and I divorced , she was awarded 20%of the

Customer Question

My parter and I divorced , she was awarded 20%of the property . I still live in the property she has died and left no will ,do the children inherit the 20%awarded to her or can I legally claim it as mine ? The children want to have there names put on the deeds as security on what they say is there share ?
Submitted: 1 year ago.
Category: Family Law
Expert:  propertylawyer replied 1 year ago.

Hi Dave

Thanks for your question.

When your wife was awarded the 20% share was the title rectified to show tenants in common with an entry in respect of your wife's share?

Your wife's share forms part of her estate. As she died intestate (no will) her estate will be subject to the intestacy rules. Under these rules her estate will pass to the two children. You cannot claim the 20% share.

Their names should be put on the title as owners of the 20% share.

I hope this clarifies the position. If you have any queries please do let me know.

Please rate/accept my reply.

Kind regards

Paul

Customer: replied 1 year ago.
No tenants in common was not put on the total deeds
Customer: replied 1 year ago.
No trnnants in common was never put on the total deeds
Expert:  propertylawyer replied 1 year ago.

Ok. Thanks for confirming. But was a notice or restriction Added? Something should be on the title to prevent a sale by you within complying with the court order Re the 20%.

Customer: replied 1 year ago.
No nothing was put on the title deeds , the court settlement was that the house should be sold and the money should be split 80/20 ibut it never was she did not pusher the sale
Expert:  propertylawyer replied 1 year ago.

The children could seek to get this rectified. They would probably need to go back to the court, unless you were agreeable. This would be either tenants in common 80/20 split or by way of restriction.