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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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>£250k Assets Intestacy Rules - Husband automatically become

Customer Question

>£250k Assets Intestacy Rules - Husband automatically become Owner?
Does the Husband of a deceased lady (no Will) automatically become the owner and RESPONSIBLE for a house that, which itself is worth less than £250k, but forms part of her assets that are over £250k? They have children.
The House is a House of Multiple Occupancy and probably ought to have an HMO licence under the Housing Act 2004, but the application form requires that the owner be the one applying and she is deceased.
The Council are suggesting that the husband has "an estate or interest in the property". But does he? Partial I suppose - but does that make him the owner? Does that make him legally the person in Control of the premises? Is he the person who the Housing Act 2004 obliges to apply for an HMO Licence?
I manage the HMO on the deceased lady's behalf (I run others). I am in control in reality. Does the husband have any responsibility in this matter until the inheritance (no Will) is resolved?
Look forward to your answer
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
As the person entitled to obtain Letters of Administration then yes he becomes responsible for the property and does indeed have an "estate or interest" init
He is legally the person responsible for the property and does indeed have responsibility