It depends whether the house is joint tenants or tenants in common.
I will explain the difference between Joint Tenants and Tenants in Common.
You need the title deed (you don’t need the plan) to the property.
You can get the title deed and the plan quickly and easily by using this link:
and you will have to pay 3 pounds for the title deed and 3 pounds for the plan.
You will then have them in minutes if not seconds.
You will see that it has three sections
A Property Register which describes the property
B the Proprietorship Register which says who owns it
C the Charges Register which gives details of mortgages, leases, restrictive covenants and anything else which affects the property.
Have a look in B Proprietorship Register
You are looking for a restriction along the lines of “No disposition by a sole proprietor et cetera et cetera”
That restriction may or may not be in there. I know it’s rather odd wording.
If the restriction is NOT in there than the property is held as Joint Tenants which means that when one co-owner dies, the deceased persons share passes automatically to the other under the right of survivorship.
Even if there is a will leaving the deceased persons share to someone else, it’s not effective, and the deceased persons share still passes to the survivor, regardless of what the will says.
If the restriction IS in the title deed then the property is held as Tenants in Common which means that when one co-owner dies, the deceased persons share passes in accordance with the terms of their will or, if there is no will, under the Rules of Intestacy.
If the house is not joint tenants but tenants in common, then the deceased’s debts in the deceased’s sole name are payable from the proceeds of the deceased’s estate before the distribution of any proceeds.
If both people pass away, assets go from one person’s estate first and then the other person’s estate when the second person dies.
If they were both killed together, such as in a car crash, then the younger is deemed to have survived the elder.
Debts like this and only normally enforceable for six years under the provisions of the Limitation Act 1980 so you would normally either have the house as joint tenants or in your sole name until six years have gone.
Beware. If the creditors believe that your husband has put money into the house to avoid the payment of creditors, they can have that transaction set aside and still get the money anyway regardless of whether the house is joint tenants or tenants in common. Be careful.
I am glad to help.
Hopefully, I have answered your query in a way that is simple and easy to understand.
I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.
I am happy to answer any specific points arising from this.
Please be aware that my answer is based strictly upon the information you have given me.
If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.
I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.
That only applies to new threads, not this one. You have me exclusively on this one.