Family Law
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Hi, thank you for your question. Just a bit more information required to fully assist you:
-How much was the property worth and outstanding mortgage?
-What other assets does she have, together with values?
-Are all their names on the title of the property and as tenants in common?
What other assets did your wife have, together with values please.
Thanks for confirming. Firstly you will need to check the legal position regarding the title. You can check the title here: https://www.gov.uk/search-property-information-land-registry and download the title deed for £3. You can then see if her name is ***** ***** title.
If her name is ***** ***** title, and it is held as tenants in common, then as she has no will you will automatically inherit her share under intestacy rules and you can apply for your name to replace hers on title.
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Thanks for confirming. Under the Title Absolute heading if there is a paragraph stating "No disposition by a sole proprietor of the registered estate under which capital money arises is to be registered unless authorised by an order of the court" it means that the title is held as tenants in common. If there is no paragraph stating that on the title deed then it will be as joint tenants.
Thanks. As there was no will in place, and her share of the property is likely to be less than £260,000 based on your figures, you would inherit her share entirely.