The deceased first partner of my late husband - my late husband has a caution in favour of him on the deeds
the property is owned solely by the deceased first partner of my late husband
he originally lived there
he had a caution in favour of him placed on the deeds after she died
the mortgage was paid of on her death and he received her life insurance
other than that he had made no formal attempt to claim the property
Did she have a Will, who inherited if so?
Did a solicitor deal with the administration of her estate?
there was no will
no solicitor dealt with the admin of her estate as far as i am aware
Was she unmarried without children at the time of her death?
yes she was unmarried but living in the property with my late husband
she had no children during her life
Her estate should have passed in accordance with the intestacy rules in the following way:-
If she was the sole registered proprietor of the property then the property should have been included in their estate. The rightful inheritors of the estate would still be entitled to the property now I'm afraid, unless your late husband is proved to have acquired an interest in the property. Presumably this is why he registered a caution against the property.
If your husband was not married to his partner then he could have acquired an interest in the property by either contributing to the directly to the mortgage or in rent payments to her more than he otherwise would have had to pay in private rented accommodation OR by paying for improvements to the property which substantially increased the value of the property. If you are the executor of his estate then you would be able to make a claim in his place, but it would be defended by the person(s) who should have inherited his previous partner's estate (including the property)
You really need to get some specific advice on this because it's quite an unusual situation. I would take the documents you have to a local probate solicitor for a consultation. I would caution though that it might not be easy or quick.
When attending I would also ask about adverse possession. If you have been occupying the property in excess of 10 years and it is registered you may be eligible to make a claim to have it registered in your sole name. This may be a more viable way forward than the above but, as I say, i would see a solicitor for a consultation for a fixed pre-agreed fee.
Sorry it could not be better news.
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hi i recieved the above response to my questions and would now like more advice on adverse possession
The council tax for said property will be transfered to my name this month and most bills at the property have been paid by me for in excess of 15 years
what other course of action/s could i take to help secure my claim for adverse possession
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