UK Property Law
Get UK Property Law Questions Answered by Experts
1. Yes it does relate to ownership of a property
2. The title is registered.
I can not answer that question,the property belongs to my father and on the title deed,which has three names,one being my father,second my mother and third my brother,who sadly passed away,the mortgage has been paid out,as he had a Insurance policy.
My main question is that,is this property diveded into 3 equal parts? one part which goes to my brothers wife?
Sorry I don't have this information to hand,How can I contact later,once I have this info?
Finally got the details from the title deed,and it does state,what you had asked.
" No disposition by a sole propreitor 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"
Thanks for your question.
That entry means that you hold your interests as Tenants In Common. This means that your brother's interest in the property would pass according to his Will or under the intestacy rules if he did not have a Will. It does not pass automatically to your mother/father like it would have done if they held their interests as Joint Tenants.
To update the register of the property the person who inherits your brother's estates will have to apply for and obtain a grant of probate. This is required in order to transfer the property in to the name of the person inheriting your brother's estate. Info here:-
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Thank you for your prompt reply,I apologise for being so ignorant,but I don't understand the above.
Does this mean,that my brothers wife,inherits half of the property,and my parents the other half? or is this decided by the court?
Did you brother leave a Will?Tom
Did he have any children?Tom
Yes two aged 16 and 12
In that case then the his personal posessions and the first £250, 000.00 would pass to his wife. Anything over £250k would be split in two, with the first half again going to his with and the remaining half being held for his chlidren but with his wife receiving the income from the amount until she dies (when it would then pass to the children.
If his estate (including the house) was less than £250k then his interest in the house would be included in this and would pass to his wife. Once she had the grant of probate she could apply to be replaced on the legal title in place of your brother. So, there would be your father and mother and brother's wife on the title. Because the interests were held as tenants in common your parents are not entitled to receive your brother's share of the property or any other part of his estate
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So does this mean that mother and father still have their share in this property,same as before my brother passed away and does his wife have the same share as my brother did?
If so how would the shares be split?
Yes, that's correct. Your mother/father have the same shares as they did before, your brother's wife is now entitled to his share.
IN the absence of any express agreement to the contrary, each party has an equal share in the property. So unless they agreed otherwise each party has 1/3.
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