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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35069
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Land purchased by my partner and I many years ago was purchased

Customer Question

land purchased by my partner and I many years ago was purchased as I see it as joint ownership and not specifically 50/50. In the event of his death do I have to sell up and pay off his family, or does the land revert to me. The land now has a house on it so it is my one and only home.
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.Do you have a copy of the Title deeds?Clare
Customer: replied 2 years ago.

e have no mortgage and I have the land registry document but deeds have not been drawn up.

Expert:  Clare replied 2 years ago.
Looking at Part B of the Office copy entries does it have this wordingRESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Registrar or the court.
Customer: replied 2 years ago.

He has taken the document from its usual place so I am unable to verify.

I do not remember any such wording. It was just a 5acre field that we purchased.

Expert:  Clare replied 2 years ago.
You can obtain copies of the Office Copy Entries here
Customer: replied 2 years ago.

I can ask for the document when he returns he has just popped out, I just need to know if I have anything to worry about. I do not want to have to sell up. This is my home.

Expert:  Clare replied 2 years ago.
it will only cost £4 to get an up to date copy.If those words are there then you each own your own "share"of the property and on the death of one their share will form part of their estate.If they are not there then the property automatically passes to the survivorEven if the words are there and his share of the property is not left to you in his Will you will be able to make a claim against his EstatePlease ask if you need further detailsClare
Customer: replied 2 years ago.

He has 4 children all aged over 30 years and not dependent on him and I doubt if he will leave his half to me, so in that case, will I be successful with a claim or will they be able to make a claim against me.

Expert:  Clare replied 2 years ago.
That will depend on the extent of his estate and the value of the property.If in fact the property simply passes to you there is no claim that his children can make
Customer: replied 2 years ago.

This an agricultural property with a tie and the property cannot be divided or sold off in part. The value would only be about £500,000 and certainly no more. The only other assets he could lay claim to would be his kit car he made and his two motor bikes. There is no cash to speak off but I would be entitled to part of his pension as we have lived together for more than 30 years and have always had a joint account.

Expert:  Clare replied 2 years ago.
I am afraid that if you are not married you do NOT have an automatic claim on his pension - he would have to nominate you to receive the benefit