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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Hello, My mother died on the 1st of Feb and she owned the house

Resolved Question:

Hello, My mother died on the 1st of Feb and she owned the house we lived in and I now live alone in the house. Do I have to transfer the deeds into my name and if so how do I go about it? Also my mums will says it is her wish I should reside in the property but a verbal understanding is it is my house unless I sell the house then I give my sister half of the money but she is now asking for me to sell or mortgage the house so she can get half of the houses value now by me buying her half of the house which I cannot afford to do and do not want to put myself into a lot of debt by getting a mortgage which the house does not have now.
Submitted: 4 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 4 years ago.

wingrovebuyer : Hello. What exactly does your mum's Will say please? Has a solicitor been helping to get a grant of probate?
Customer:

we have got the grant of probate and the will says it is her wish that I stay in the house to live here

wingrovebuyer : Thanks you, but what does the will say about who will own the house? Presumably it was left in equal shares to you and your sister, subject to your right to live there?
Customer:

I cannot afford a mortgage so I am really been forced to sell a house I do not want to sell

wingrovebuyer : Please confirm the above is correct.
Customer:

the will says it is in equal shares between me and my sister but my sister knew the verbal agreement of it is my house unless sold

wingrovebuyer : Provided the Will says you have a right to live there, your sister can't force you to sell the house because your right overrides hers. She also can't force you to buy out her share.
wingrovebuyer : The verbal agreement probably holds no water, because there is no evidence of it existing. However, your right to reside under the Will means she can't force your hand at all.
wingrovebuyer : If the property is registered at Land Registry in your mum's name, you should apply to them to get the ownership changed into you and your sisters names. Ideally you should use a solicitor to do that - it won't cost very much.
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