How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas , Lawyer
Category: UK Property Law
Satisfied Customers: 7376
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hello there, I just need some help on this question. My parents

Resolved Question:

Hello there, I just need some help on this question. My parent's had a council maisonette which when the right to buy came in, I got the mortgage for it. Me my sister and my parents all put towards it at the time, but it was an interest only mortgage. Anyway, to cut a long story short, we sold it at the right time and subsequently bought a house completely mortgage free. Now, my dad and my sister live in it as they were living in the maisonette. Unfortunately mum died, so just the three of us are on the deeds of the house. I feel quite bugged by the fact because my sister lives in the house I sometimes feel that she thinks it's hers, by the fact that I do not live there. What if I wanted to get some money out of the house? If Dad died(God forbid) and she did not want to sell would she have to buy me out(which I don't think that she could) could I make her sell? Don't get me wrong, my sis and I get on very well, but forwarned is forearmed. I need to know what I am talking about if the worst came about!! Can you help?
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.



You, your father and your sister are named as the registered proprietors of the property's title at the land registry - correct?


Do you know if you hold your interests as tenants in common or joint tenants?


Kind regards,


Customer: replied 5 years ago.
All our names are XXXXX XXXXX deeds of the house.No we do not hold interests as tenants or joint tenants. My dad owns the half share as he got mum's when she died, and my sister and I have a quarter share. He has left in his will a part share to my daughter and the rest divided between my sister and I.
Expert:  Thomas replied 5 years ago.



Interests in properties can be held in only two ways - tenants in common, where people can have unequal shares (as here) and those shares pass according to a persons will when they die OR joints tenants, where peoples shares are indistinct to each other and they pass automatically to the remaining joint owners.


You should check to be sure you hold as tenants in common.

You can check by downloading a copy of the register for the property from the Land Registry by paying a £4.00 fee:-


Look at the proprietorship register of the title you have downloaded from the Land Registry (where the proprietors of the property are listed). If the following entry is immediately below the named registered proprietors then the interests are held as tenants in common:-


" 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 Court"


If there is no such entry then the property is held as joint tenants.


Your sister would not acquire any greater share than she already has simply by virtue of her occupation of the property, this does not affect your interest at all.


If you wished to realise some equity from the property then you would have to ask that either one or both your father and sister make an offer to buy you out based upon the current market valuation of the property. If they are unwilling to make an offer then you could apply to Court for an order of sale so that the equity is realised and your receive some money. Obviously, this involves litigating and therefore incurring legal fees so if you wished to realise your equity then it would be more cost effective to resolve it informally with your family subject of course to you receiving a fair deal.


Again, it's very important to make sure you do hold your interests as tenants in common, if you do not then the provision in your father's will as to his share will not be legally enforceable.



If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,





Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7376
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Aston Lawyer

    Aston Lawyer

    Property Solicitor

    Satisfied Customers:

    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
< Last | Next >
  • Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Property Solicitor

    Satisfied Customers:

    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • Clare's Avatar



    Satisfied Customers:

    25 years exeperience
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Alex J.'s Avatar

    Alex J.


    Satisfied Customers:

    LPC, 2 Years Conveyancing
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Matt J's Avatar

    Matt J


    Satisfied Customers: