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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My son Daniels fiancee, Sarah, inherited her parents house

Resolved Question:

My son Daniel's fiancee, Sarah, inherited her parent's house in equal share with her brother, Jonathan, when their parents died. The deeds of the house are still in the parents' names.

Sarah and Daniel are now wanting to buy Jonathan's half of the house and take out a joint mortgage and obviously have the deeds in both their names.

Is this just a simple task for a solicitor to transfer the deeds into their names instead of Sarah's parents. and then Sarah and Daniel take out a mortgage to pay Jonathan his half of the market value.

Surely they do not need to 'sell' the house and Sarah and Daniel 'buy' it, as Sarah already owns half of it. It should be a case of Jonathan's half coming into ownership of Daniel.

This should mean that there should be no requirement for searches etc normally associated with buying a house.

Any advice please?
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your question.

They will need the grant of probate for the deceased in order to do this. You cannot transfer property without it I'm afraid because you have to transfer the legal title from the deceased.

It will be relatively straighforward, however searches will be required because the solicitor doing this will have to act on behalf of the lender. IN order for the lender's charge to be perfected and secured against the property then need to have clear searches. They will not advance the mortgage without it.

It will be simplified in terms of the pre-contract enquiries and also because no other solicitor should be required though.




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Kind regards,


Tom
Customer: replied 2 years ago.
Thank you Tom, I fully understand about the need for the search now.

They are under the impression that they will need 2 different solicitors - one to act for Jonathan in 'selling' his half and the other to act for Sarah and Daniel in buying it.

Is this not the case then? One solicitor could do the whole deal?


Pam


Expert:  Thomas replied 2 years ago.
Hi,

The solicitor will have to decide if there is a conflict of interest. My view is that if the searches are clear, the transfer is for market value (ie. in respect the amount paid to your son's fiancee's brother) and there are no other issues to iron out then one could do it by acting only for your son/fiancee.

However, I would expect most firms would insist on two solicitors withint their own practice being instructed but you might be able to get them to do a deal on their fees for this.

PLease remember to rate my answer.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
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