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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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my uncle and father jointly owned a house my father died 2

Customer Question

my uncle and father jointly owned a house my father died 2 years ago leaving 2 children but no will i thought that 1/2 of the property now belonged to us, his children
my uncle has sold the house without consulting us can he do this
Submitted: 5 years ago.
Category: Law
Expert:  Senior Partner replied 5 years ago.
Thanks you for your question. You need to try and find out on what terms the property was held and whether there was any agreement on the split. I am afraid if property is simply held in a joint names it is what is known as a joint tenancy and the the property asses to the survivor on the death of one of the joint owners.

It is possible to prevent this happening if the property is held instead either on terms of an express or implied trust - eg if it was a business and the asset was held for the business. It is also possible to record that the property is held in separate shares by holding instead on what is known as a tenancy in common where each owner has a clear and defined share. A tenancy in common ought to be recorded on the title at the land registry but if it is not it is not fatal to a claim if there is clear evidence of the parties intent.

So the answer in short is that if the property was registered in joint names your Uncle is probably legally entitled to sell.

Whether he is entitled to take all the proceeds depends upon the surrounding facts. You need to try and get clear the basis upon which your father co-owned the property