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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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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: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi.

 

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,


Tom

Customer: replied 3 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 3 years ago.

Hi,

 

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:-

http://www.landregistry.gov.uk/wps/portal/Property_Search

 

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,

 

 

Tom

 

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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