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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My brother co-own property with my parents 3 years.

Customer Question

my brother co-own property with my parents for about 3 years. He wanted out of the property as he wanted to start a new life with his wife.
I came onto the mortgage, brother signed a TR1 form transferring his share to me. So november 05 I came onto the mortgage.
March 06 my father passed away. so his estate went to my mum. problem is the solicitor did not execute the papers to the land registry. the mortgage papers had been done which had my parents and me on the mortgage. problem is that my brother come back as he has struggled to maintain his own family life to the point that he feels that he has moved back to his property and is claiming the property to being his. i feel he signed away his ownership. is he right
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstIs the Solicitor now dealing with the Registration?
Customer: replied 8 months ago.
no - as i disputed at the time. the feeling was that the deeds stated who anyone passed away that the estate would be divided up to the survivors on the mortgage. The solicitor tried to explain intesty law as my dad did not leave a will. My question at the time how did my mum up with more ownership than me (the deed stated tennants in comman)... The solicitor could not reconcile me and my mum on this part and advised me that i find my own solicitor. In that time from 2006 i have been paying the mortgage.
Customer: replied 8 months ago.
I have accepted the intestity law which my mum be 2/3 owner which means i should have been 1/3. but given my brother does not want to give up his shares as the solicitor did not execute the papers to the land registry. what are my rights?
Customer: replied 8 months ago.
do you require any further information?
Expert:  Clare replied 8 months ago.
My apologies for the delay.If the property was held as Tenants in Common it meant that you each owned your third - and when one of you dies they could leave it to someone else in their will.Since your father didi not make a Will his share passed to your mother which is why your mother has a larger share.You should get the solicitor to finalise the Registration to remove your brother's name.You are correct he has no interest in the equity at all - he has indeed signed away his rightsPlease ask if you need further details

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