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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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if a house was owned outrite-ie deeds in my first name not

Resolved Question:

if a house was owned outrite-ie deeds in my first name not married name as i never change over any new details of new marriage and i made a will with solictors what laws would a joint tenant have or husband over my estate would they have the right to the estate if will i wrote states i left the esate to my children and survivor or survivors
Submitted: 6 years ago.
Category: UK Property Law
Expert:  Thomas replied 6 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. You own a property in your sole name, correct? (albeit that it may be your maiden name prior to marriage)
  • 2. You wish to know what claim your husband may have on the property if you leave the property which you own solely to your children/survivors. Correct?

Kind regards.

Tom

Customer: replied 6 years ago.
yes that right tom whats right would my husband have seeing the house is soley mine what rights would if have ? by joint tennants ?
Expert:  Thomas replied 6 years ago.
Hi

What do you mean by 'joint tenants', if you own the property in your sole name then there is no joint interest...

Tom
Customer: replied 6 years ago.

 

To clarify the situation;

my grandmother died in 1980 and the deeds were and are in her maiden. My grandmother then got married and took on the name of my stepgrandfather who has continued to reside within the home.

 

What rights has my stepgrandfather got regarding the ownership of the property. My grandmothers WILL states that the property is to be left to her children/survivors.

 

There was never an agreement that the house would become joint tenancy and nothing signed to say anything different.

 

 

Expert:  Thomas replied 6 years ago.

Hi.

 

Was your grandmother's estate adminstered at the time of her death? Ie. was a grant of probate applied for an obtained?


Tom

Customer: replied 6 years ago.

 

yes she died on 14th march 1980 and probate order dated 21/4/1980.

Expert:  Thomas replied 6 years ago.

Right.

 

The position is that the property should now be on trust for the children as stated in her Will. It will remain on trust until the children come of age to inherit, they will shall state the terms.

 

You need to get in touch with the executor to establish this is the case and whether the title deeds to the property have been updated to reflect her passing and that the properyt is on trust.

 

Your stepfather is now time barred from making a claimi against the estate. He is probably occupying the property under licence so if he is to be evicted then he will need to received "reasonable notice" to vacate.

 

 

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I will answer your follow up questions you may have.


Kind regards,


Tom

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