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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Our house left by husbands 1st wife, to her children, with

Customer Question

Our house left by husbands 1st wife, to her children, with her husband as the Life Tenant for his life, after death, to their children.

They were married in community of property.

How does this affect his ownership of the property and in turn, should he wish to leave 'his share' to me, does he in fact have anything to leave?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

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.

Joshua :

May I ask was the house owned solely by his first wife or jointly between him and his first wife please?

JACUSTOMER-es2nar1d- :

Jointly as far as I am aware.

Joshua :

Thanks. Do you know if they owned as tenants in common or joint tenants? If you are not sure that's fine. Has any change to the title deed been made following your husband's wife's passing?

JACUSTOMER-es2nar1d- :

I don't know, I will need to find out. This is what confuses me. If they owned the home together, then how would she have the right to exclude him. I can only assume that there was a change to the title deed which allows her to put the house in trust for the children and my husband as a Life Tenant. I will have to come back to you once I have found out the answers.

Joshua :

Would you like me to tell you how to find out?

JACUSTOMER-es2nar1d- :

Yes please.

Joshua :

Certainly

Joshua :

You can obtain a copy of the property title using the following link for £3

Joshua :

http://www.landregistry.gov.uk/public/property-ownership

JACUSTOMER-es2nar1d- :

Great, thank you. I will be comming back to you once I have established ownership.

Joshua :

once you have obtained the register entries for the property you will need to look B at the proprietorship register under which you should see your husband and his deceased wife's names if they have not been any changes to the title since her death.

Joshua :

underneath their names you may or may not see an entry which begins "RESTRICTION: No disposition by a sole proprietor…"

Joshua :

If you could tell me whether there is such an entry or not I will be able to confirm the above position

JACUSTOMER-es2nar1d- :

Yes, okay. Will come back to you. Thank you

Joshua :

A pleasure

JACUSTOMER-es2nar1d- :

Hello Joshua

JACUSTOMER-es2nar1d- :

Got a copy of property title - (no longer costs £3). Entry in 2002 - year of his first wife's passing, Restriction: No disposition by a sole proprietor of land (not being a trust corporation) etc. Both my husband and his 1st wife appear as proprietors on the document.

JACUSTOMER-es2nar1d- :

Our concern is when he dies, what is my position with regard to the property. His children are split with regard to their wishes. His daughter is happy to retain the property and for me to remain there. However, his son has indicated he has no interest in maintaining the property once my husband is gone. Will I be forced to move, or as half the home belongs to his children, will I have to pay them rent, or buy them out? Is there a time limit with regard to how long I am allowed to remain in the home once he dies. Can I be forced out? Who will be liable for the maintenance? The botXXXXX XXXXXne is will I be left homeless and/or force to continually pay rent to the family to remain there?

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