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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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2 names of title deeds of property, 1 now deceased. Does other

Customer Question

2 names of title deeds of property, 1 now deceased. Does other have right to sell and if so would executors for other have a say in how much property is sold for
Submitted: 1 year ago.
Category: Property Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you. Did the deceased make a will and make any reference to the property? Also were the parties joint tenants or tenants in common, do you know?
Customer: replied 1 year ago.
deceased made will, no mention of property - family home, left 50% share by mother
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat does the Will actually say - and which part of the Uk is the property in?Clare
Customer: replied 1 year ago.
immaterial - general query
Expert:  Clare replied 1 year ago.
Hi
Sadly it is not immaterial as otherwise all that can be said is "it depends"
It depends on which part of the UK you are in
It depends on whether the property was held as beneficial Joint Tenants or Tenants in Common
It depends on whether the Will made specific reference to the house or not
However bearing all that in mind, assuming that the property was held as Tennant sin Common in England and Wales and that the Will make no specific reference to the property then the surviving owner cannot sell the property without the agreement of the Executors of the recently deceased.
Alternatively if it was held as Beneficial Joint tenants it now belongs in its entirety to the other joint owner who can do with it whatever they wish.
Do please ask if you need more details