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cityguru
cityguru, Solicitor
Category: Scots Law
Satisfied Customers: 13325
Experience:  solicitor
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My mother passed away , an she owned a share in a property

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My mother passed away , an she owned a share in a property with my brother , does he have the right to lock the house up an keep family members from going in .
Submitted: 3 years ago.
Category: Scots Law
Expert:  cityguru replied 3 years ago.
I am sorry to hear of your loss. So that I can assist you can you give me some more information.

Was the property in joint names? Was there an agreement dividing the ownership rights?

Who is the executor of her will? DId she live in the house or does your brother live there?
Customer: replied 3 years ago.
Yes. She had name on the house . The agreement was money she put she only get back . . She never left a will an members of the family want to go to probate . Yes she lived at the house an my brother never lived with her . It just that he has lock all the door so no member of the family can going in . Just like to know if he has the right to do so .
Customer: replied 3 years ago.
I have sent you my response to you but not received a reply .
Customer: replied 3 years ago.
Relist: Other.
You asked for more information which I've sent but not got any response. Why
Expert:  cityguru replied 3 years ago.
Hi Thanks for your response. Just so that you are aware, I - like all the other experts - am a practising lawyer and independent of the site so I am not online all the time. I am afraid you will not necessarily get an instant response - but I will always respond.

Where property is in joint names it is either held in fixed shares e.g. 50/50 which is what in law is known as a tenancy in common or it is simply held in a joint tenancy where there is no fixed division. .This is normally evident from the title. If the property is in a joint tenancy and one owner dies then the survivor becomes entitled to the whole property .

If they are tenants in commence then the deceased's share passes as part of their estate.

From what you say - i.e that your mother was only to get back what she put in , it sounds unlikely that there was a tenancy in common but you really need to get someone to check the title .

In any event if your brother is currently the only surviving owner then he is the only one entitled to enter the premises. If and when probate is granted the executors may have a right to enter but only if your mother was a tenant in common.

I am sorry if this sounds complicated but for the time being until probate is taken out your brother can refuse entry to the premises if he is the owner.

You need to investigate exactly how the house was owned to sort out whether your mothers estate actually has any title to the house.
cityguru, Solicitor
Category: Scots Law
Satisfied Customers: 13325
Experience: solicitor
cityguru and other Scots Law Specialists are ready to help you
Expert:  cityguru replied 3 years ago.
Hi I just noticed that you posted this in Scots law. Was the house n Scotland? If so the legal principles are still the same but the labels applied are slightly different for example Tenancy in common is called holding the property " pro indivisio". In either case you need to get a solicitor to investigate the title if there is a dispute with your brother.

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