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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33388
Experience:  Over twenty-five years experience
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My parents died and left the family home between 3of us ,,but

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My parents died and left the family home between 3of us ,,but my name is ***** ***** deeds ,where do I stand ,,, can my sister and brother make me sell and can they add their names to the deeds of the house ,,,, I helped my parents buy the house ,,,may brother and sister did not
why is your name on the deeds?
Customer: replied 2 years ago.

Because I helped pay the mortgage ,, the bank will provide evidence saying that I did this

Am I correct that their share is to be divided between the three of you - but you own your own share in the property aside from the combined share?
Customer: replied 2 years ago.

I don't know ,,that is why I am requiring legal information ,,,,,, I helped pay the mortgage ,,, my name is ***** ***** deeds ,,,,,,,, but in my parents will ,,they left the family home to me and my brother and sister,,,,,,,,,,,,, where does this leave me ,,,,,,,,my brother tells me that he is going to get his name put on the deeds ,,,,, and that I have to sell the home so he and my sister get their share ,,,,,,,,,,,, but where do I stand in all of this ,,,,,,, surely I will have more of a share then they do ,,, please help me ,,,,,, I don't know what to do ,,as I live in the family home now.

The starting point will be for you to get a copy of the deeds from the Land Registry. This is simple and can be obtained online. It will state whether you are on the deeds and upon what basis. That is the starting point. I would suggest that you get this information and come back to me whereupon I will advise further with that information - happy to discuss - please remember to rate positively and I will be able to continue to help
Customer: replied 2 years ago.

But I know my name is ***** ***** deeds ,,, 3names on the deeds ,,,,,,,, my dad and mum and myself ,,, I have seen the deeds ,,

was it held as joint tenants or tenants in common??
Customer: replied 2 years ago.

Joint tenants

I see. Ok - In the eyes of the law, joint tenants do not have shares in the land or, indeed, any individual existence. They are regarded together as making up a single legal entity, that said you will clearly have an interest in the property as a whole. The presumption will be that you would own a 1/3 of the property prior to the will. Clearly if you paid more then you can advance the position that you have a greater share. Once that is determined the remainder (the 2/3rd) would be the focus of the will and obviously the split between you and your siblings under the will. The siblings will be entitled to seek the sale of the property on the basis that the reason for the property has now changed (with their passing). If it can be agreed fine - otherwise they could apply to the court. Happy to discuss. Please remember to rate positively
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Customer: replied 2 years ago.

Thank you ,,, I may need to ask you more questions ,,, I am on my way to do my night duty shift ,,,, When I try again ,, will it be you that I get to chat with ,,,,

Thats fine - will get back to you when I am back on