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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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When my mother died she left a property split between my brother

Customer Question

When my mother died she left a property split between my brother my sister and myself. My brother inherited 50% being the person who remained at home throughout his life he also given the right to live there indefinitely. My sister and I share the other 50%. My brother has been made bankrupt and has left the property without informing us and has emptied the property of all fixtures and fittings. The house is currently on the market for sale but the estate agent had no idea the property is now empty. I'm not sure if the property has been repossessed by the mortgagee as he raised a mortgage on his half share of the property.

Where does this leave my sister and I?
Do we have the right to gain entry and change the locks?
How can we safeguard our interest?
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, my name is Nic I will do whatever I can to help you today.

Were you joint tenants or tenants in common?
Customer: replied 4 years ago.

Thank you. I'm not sure. I know we had our interest registered at the land registry following instruction at the time of the will 5 years ago. How might I find out what your asking?

Expert:  UK-Justice replied 4 years ago.
You need to check to see if in effect each share is split or jointl
Customer: replied 4 years ago.

Would I need to check the original will for this information?


 


The Land Registry search reveals my brother to be the Registered Owner/Proprietor and that no disposition of the property may take place without the written consent of my sister and I.

Expert:  UK-Justice replied 4 years ago.
Ok. Yes check the will or with the solicitor.
Customer: replied 4 years ago.

The original will is with the solicitor: I shall have to contact them in the morning.

Expert:  UK-Justice replied 4 years ago.
Ok
Customer: replied 4 years ago.

Thank you. I'll be in touch tomorrow.


 


Paul

Expert:  UK-Justice replied 4 years ago.
I can help you both ways.

Tenanats in common mean the property is shared equally. This means in terms of any loan secured on it, it is joint and several.

If your brother took out a mortgage and defaulted, or went bankrupt then the mortgage company and receiver would have first claim.

If anything is left that would be split between the you all.

If you are joint tenats each share is its own. That mean shares can be unequal (so bro owns 50% and other half can be split however it wants).

Each share is separate and can be disposed of individually.

A mortgage company would normally need the signature of the owner, in this case your brother.

Ideally you should all 3 have been named on the property. Then any loans etc would have needed everyone's approval.

But sole owner on the title means one signature although you would have expected te mortgage co to ask about the restriction placed on it.

If he has gone bankrupt then your shares are protected.

The official receiver may ask if you want to buy your bro out, if you say no the property can be sold but you should get your full share out of the proceeds.

So this the difference between the two.

Joint tenants means you have more financial protection in your share.

So the answer depends on how it was in terms of joint tenant or tenants in common.

If there you have any questions or if I can help you with anything else please let me know.


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Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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