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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34273
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Our mother passed away recently and her brother and sister

Resolved Question:

our mother passed away recently and her brother and sister are named on the house deeds do we have to give them a third each of the sale price of the house
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How did they come to be joint owners?

Customer: replied 1 year ago.
when my grandparents passed away the sale of their property was used to buy my mothers house
Expert:  Clare replied 1 year ago.

What agreement was made about repayment?

Customer: replied 1 year ago.
as far as we are aware nothing was written down and no documents referring to repayment have been found. Our aunt and uncle do not have anything either, the only info we have is there names on the deeds
Expert:  Clare replied 1 year ago.

Did your grandparents leave a Will?

Customer: replied 1 year ago.
the sale of their property was to be shared by my mother her sister and brother. They then brought my mothers house to stop it being repossessed so do we give them the amount they originally put in or do we have to give them a third of the value now. They put in £15,000 each approx 9 years ago a third of mums property now is approx £46,000
Expert:  Clare replied 1 year ago.

have you looked at the Entry on the Title Register - what does it say?

Customer: replied 1 year ago.
we have only seen the deeds which names all three of them where would i find the Title Register?
Expert:  Clare replied 1 year ago.

When you say "deeds"is this Registered or unregistered land?

Customer: replied 1 year ago.
the deeds say something about the land registery and says the property is owned by our mum, her brother and sister
Expert:  Clare replied 1 year ago.

Ok

you need to look at the Office Copy entries - available for £4 here

https://www.gov.uk/search-property-information-land-registry

When you have them let me know and I can tell you what you need to look for (it will make more sense with it in front of you)

Customer: replied 1 year ago.
i have a copy of the official register of title is that what you mean?
Expert:  Clare replied 1 year ago.

Excellent

are these words

No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court".

Anywhere on the Register?

Customer: replied 1 year ago.
under the names of my mother her brother and sister
Expert:  Clare replied 1 year ago.

In that case legally it is for your Aunt and Uncle to sell the house and to pay you a third of the Equity recovered as Executors/Administrators of your mother's estate - for you to distribute between you and your siblings.

I hope that this is of assistance - please ask if you need further details

Clare and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your advice it has been very helpful