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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask if you have the title in front of you please?
Hi, yes I do.
thank you. First of all could you cast your eye down to the "B proprietorship register". underneath your father's name, you may see an entry which begins "Restriction: no disposition by a sole proprietor…" Is there such an entry there?
Nothing like that, only this
2 The Transfer to the proprietor contains a covenant to observe and
perform the covenants referred to in the Charges Register and of
indemnity in respect thereof
thank you. The lack of such an entry means that the property is registered as being held as joint tenants. This would mean the property will pass to the survivor automatically. if your father was divorced from the co-owner of the property, do you know if they obtained a consent order with regards XXXXX XXXXX division of the assets?
I don't think so, on the basis the main bank account is in joint names still.
thank you. Finally, do you have any evidence that your father severs the joint tenancy? This is a process whereby he serves formal notice upon his ex-wife that he wishes to sever the tenancy of the property?
Should there be anything in the will to address this, on what literature I have read up on it wouldn't superceed this position of joint tennancy?
Have not been able to locate anything other than the divorce papers which have no specific items added.
thank you. Surrender tenancy will not be contained in your father's will. It is a notice that states that your father gives notice to his ex-wife that he severs their joint tenancy of the property. It will be a formal notice signed and dated by him and must be served upon his ex-wife. It may be that there would be a copy in his papers had he done so that it is quite possible that he may not have done. Do you believe his ex-wife would wish to claim the property she could?
Previously we were proceeding on the basis that the house would follow the intestate rules to the next of kin on a 50:50 basis. I think now we have to ask his ex-wife if she would be willing to support that.
Likely to be an interesting discussion I feel.
unfortunately, based upon what you say, the present position is that his ex-wife would be entitled to the property by survivorship because the property appears to be owned as joint tenants. accordingly, any provisions in your father's will bypassed because the property passes by survivorship automatically to her
it is possible to vary this with our consent by carrying out a post death severance but this cannot be done without her consent.
Alternatively, the only other hope be for you to find evidence of your fathers prior severance of the tenancy by finding a notice of severance amongst his papers and evidence this was served upon his ex-wife. If you could find such evidence, you could apply to the land Registry to retrospectively register the severance of is of course entirely depend upon whether your father would have done this or not. if you did not, fortunately would be a question of negotiation with his ex-wife in the hope that she will cooperate
Is there anything above I can clarify for you any further?
Thank you, XXXXX XXXXX has been of great assistance, sadly the answer I anticpated.
Best Regards, Chris
I hope you are successful in either finding evidence of prior severance or negotiation.
If I can assist any further as the situation develops please do no hesitate to let me know.
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