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Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10124
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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some years ago i bought my house with my mother in the north

Customer Question

some years ago i bought my house with my mother in the north west of England. she left the house and i am confident she signed the deeds over to me as a deed of gift. this was about 20 years or so ago. she recently died. The executor of the will found an old document with my moths name on it stating she had a one third share in the house. do the family have a claim on my house now after so many years. if so can i get them to pay for the up keep of the house and the back mortgage for the past years. also is the estate liable for the outstanding debts on the property. i am just trying to cover the angles here just in case .. thank you
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Aren't the Deeds to the property registered at the Land Registry, and if so, who is shown as the owner(s)?

Do you know what the nature of the "old document" is that the Solicitor has found? What does it say and is it a formal document?

I look forward to hearing from you.


Customer: replied 1 year ago.

Hi Al thank you for replying the deeds are still with the mortgage company as i still have a mortgage on the place all i know is the document says that my late mother has a one third share in the home. i have no idea how legal it is. But as i said i am pretty confident that she signed it over to me after she left the home and prob kept that document. as i said i am trying to cover bases really before i meet up with the executor of the will (my sister) do they have any claim on the property and can i claim back mortgage and all expenses since my mother never paid a penny toward the home. i do have a copy of the deeds being sent to me that will clearly show i am the only name on them thank you

Expert:  Aston Lawyer replied 1 year ago.

Hi Robert,

Thanks for your reply.

Firstly, you do need to obtain a copy of your Deeds. You can apply online for a copy from the Land Registry website- the official name for them is "Official Copies".

This will show who is the legal owner of the property (it will be shown in the Property Register), so you will be able to see if your Mother's name is included.

If only your name is ***** ***** you are the sole legal owner. If so, the only way your Mother will have any claim on the property is if this Document that the Solicitor is holding is what is called a "Trust Deed" which basically a document which will have been signed by you stating that although you are the legal owner of the property, you are holding a share of the property upon trust for your Mother.

If this is so, it all depends on what the document says as to what interest your Mother had in the property. Normally, such documents will just say that you are holding " a third of the property" or a "half of the property" upon trust for her. this would mean her Estate is entitled to a third or a half of the value of the property respectively, and you wouldn't be entitled to counter this with the fact you have been paying the Mortgage etc.

I hope this gives you a general background- obviously I would suggest that you speak to a local Solicitor before agreeing anything with the Solicitor who is acting in your Mother's Estate.

Kind Regards


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