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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7618
Experience:  UK solicitor
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My son was killed, he and ex partner own flat, she had court

Resolved Question:

My son was killed, he and ex partner own flat, she had court papers stopping him going there, am I able to stop her getting his share
Submitted: 11 months ago.
Category: Family Law
Expert:  Thomas replied 11 months ago.

Hi,

Do you know if they owned the property as either (1) joint tenants or (2) tenants in common please?

Kind regards,

Tom

Customer: replied 11 months ago.
Joint
Expert:  Thomas replied 11 months ago.

They owned as joint tenants, are you 100% certain?

Customer: replied 11 months ago.
Have only mortgage agreement where both down as borrowers
Expert:  Thomas replied 11 months ago.

Hi

Thanks for your question. I will try to help.

The mortgage agreement does not matter.

You need to download a copy of the land registry title register for the property. It will list them both as registered proprietors of the property at section B.

You then need to confirm if which way they held the property. It can be as either (1) joint tenants or (2) tenants in common please

You can check by downloading a copy of the register for the property from the Land Registry by paying a £4.00 fee:-

http://www.landregistry.gov.uk/wps/portal/Property_Search

Look at the proprietorship register of the title you have downloaded from the Land Registry (where the proprietors of the property are listed). If the following entry is immediately below the named registered proprietors then the interests are held as tenants in common:-

" 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"

If there is no such entry then the property is held as joint tenants.

If the interests are held as joint tenants then your son’s share would pass automatically to her as the surviving joint owner. This is the case even if your son had a will which said that he wanted it to go to someone else.

If they held as tenants in common then your son’s share would pass strictly according to any Will that he had or (if he did not have a Will) under the intestacy rules. If he held as tenants in common and he did not have a Will and was unmarried and without children then his entire estate would pass to you as his parents.

Please accept my condolences for your loss.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 11 months ago.
Thank you
Expert:  Thomas replied 11 months ago.

You're welcome but please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 11 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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