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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Property Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I have a 3 bedroomed property which was purchased jointly with

Customer Question

I have a 3 bedroomed property which was purchased jointly with my ex partner back in June 1992. Though we split up a couple of times between 1994 & 2000 we both remained in the property and both carried on with payments from our joint bank account for the mortgage, endowment, electric & gas. All other bills were paid from my own personal bank account. He became ill and when he was talking to me stated that house & endowment payment would go to me and that nothing changed from when we 1st signed the policies leaving to each other and not changing anything. He changed his pension and other personal policies from my name to his 2 daughters as it's only fair they had something and I agreed totally. However, he passed away end of February and although he changed these and did not leave a will, his daughters are also after the house and endowment. Can you advise my legal rights on this. I have seen a solicitor but he did not make things clear.
Submitted: 5 years ago.
Category: Property Law
Expert:  James Mather replied 5 years ago.
Was the property bought as tenants in common?
Customer: replied 5 years ago.


Expert:  James Mather replied 5 years ago.

In which case, provided the property is still held
as joint tenants and not tenants in common (he has not severed the joint
tenancy) then you inherit the whole house under the right of survivorship. All
you need to do to transfer the property into your sole name is to send a copy
of the death certificate and form AP1 duly completed and the property will be
registered in your sole name.

Before you do that, it would be worthwhile checking
the land registry deeds to make sure that the property is indeed not tenants in
common. You can get to the up-to-date deeds here for just 3 pounds.!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

if there is a restriction in the Proprietorship
Register, section B with words to the effect of "no disposition by a sole
proprietor is to be registered et cetera et cetera", then you do not inherit by
writer survivorship and his half of the house passes in accordance with his
will or if he has not left a will, intestacy.

Regarding the endowment, it depends whether it is
in joint names, or whether you are the beneficiary of the endowment and it pays
out on the first death basis as to whether you get the money directly from the
insurance company or it passes in accordance with his will or if he has not
left a will, intestacy.

The fact that he changed to various other things
but purposely did not change the endowment or the house assists you if you end
up in an argument with his daughters.

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