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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2548
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife had a 27% share in a house which we lived in for 5

Customer Question

My wife had a 27% share in a house which we lived in for 5 years, (the rest of the house owned by her parents). Sadly my wife died a couple of years ago leaving no will. I have recently asked her parents about the house, in which I am still living, about the ownership.
They say I have nothing but my son, who is 8, has the 27% share.
We renovated the house when we moved in, doing most of the work myself and paying for materials etc, and have also maintained the house since. I estimatemate to have spent at least £20,000 of my own money on this house, am I entitled to anything or should my wife's share be mine?
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How much was the property worth and outstanding mortgage?

-What other assets does she have, together with values?

-Are all their names on the title of the property and as tenants in common?

Customer: replied 9 months ago.
Hi, property was purchased for £120k with a 75k deposit. I'm unsure of names on title deeds, I've never seen them !! Property recently valued at £230k
Expert:  Harris replied 9 months ago.

What other assets did your wife have, together with values please.

Customer: replied 9 months ago.
No other assets don't know how much is left on mortgage, her parents took out the morgtgage to assist us
Expert:  Harris replied 9 months ago.

Thanks for confirming. Firstly you will need to check the legal position regarding the title. You can check the title here: https://www.gov.uk/search-property-information-land-registry and download the title deed for £3. You can then see if her name is ***** ***** title.

If her name is ***** ***** title, and it is held as tenants in common, then as she has no will you will automatically inherit her share under intestacy rules and you can apply for your name to replace hers on title.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 9 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2548
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 9 months ago.
Hi, I looked online at the title deeds as you advised, her name is ***** ***** deeds along with both parents, it does not state if held as tenants in common or anything else, can I assume this to be the case or is there a way for of finding out for sure?
Martin
Expert:  Harris replied 9 months ago.

Thanks for confirming. Under the Title Absolute heading if there is a paragraph stating "No disposition by a sole proprietor of the registered estate under which capital money arises is to be registered unless authorised by an order of the court" it means that the title is held as tenants in common. If there is no paragraph stating that on the title deed then it will be as joint tenants.

Customer: replied 9 months ago.
Hi I can can confirm property deeds are held as tenants in common, does this mean I should inherit as next of kin?
Expert:  Harris replied 9 months ago.

Thanks. As there was no will in place, and her share of the property is likely to be less than £260,000 based on your figures, you would inherit her share entirely.

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