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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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My husband and i seperated 22yrs ago,our home is jointly owned.My

Customer Question

My husband and i seperated 22yrs ago,our home is jointly owned.My husband passed away recently,in his will he expressed wishes that the home would go to our four children i would like to know my position.Does the wishes in his will have to be carried out
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first
Who currently lives in the property?
How much is it worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

The father left requests in his will that our son live in the home but our other three children names go on the deeds, we do not have a mortgage. tThe house is valued around£100.000

Expert:  Clare replied 2 years ago.
Hi
Are you still living in the property?
Do you remember whether or not the property was held by you and your ex as Beneficial Joint tenants or as Tenants in Common
Clare
Customer: replied 2 years ago.

Beneficial joint tenants,no i dont live in the property but our youngest son has moved in i dont have a problem with this,but im under alot of pressure to transfer the deeds of the home to my other children,they feel that the home should be theirs because there Father requested it in his will,i was led to believe that i had the power to decide

Expert:  Clare replied 2 years ago.
Hi
Sorry to push - are you absolutely certain it was Beneficial Joint Tenants and that the Joint Tenancy was never severed?
Clare
Customer: replied 2 years ago.

I have just been told that the house is joint and that my name is ***** ***** deeds,i never severed the tenancy as far as im aware the house was to pass to the surviour.when i left the marriage we agreed that the home would not be sold so as to benefit our children

Expert:  Clare replied 2 years ago.
Hi
Have you got a copy of the Title Deeds - if not can you download them from the Land Registry here
https://www.gov.uk/search-property-information-land-registry
Clare