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widow not on title deeds

Note sure if anyone can help but..I am buying a property and doing the legal work myself........before you tell me I am insane. I've done it a few times before, but I am no expert.My question.I have done a quick check online at land registry; the title deeds show the name of the husband, now dead, we are buying the property from the widow, not named on the deeds.Presumably the sellers solicitor will have to arrange the name on the deeds to be changed to the wife, presuming that she inherited the house?Anyone ever come accross this before or does anyone know of a forum that would?Thanks,Dustydave

Comments

  • poppysarah
    poppysarah Posts: 11,522 Forumite
    Her solicitor deals with it. Ask them how long they think it will take.
    You just have to wait.

    I think it added a few months to our process but we had a solicitor dealing with it for us.
  • Catti
    Catti Posts: 372 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    The house does not have to be transferred into the widow's name, she can sell it as a representative of her late husband provided she shows you a valid Grant of Probate in her name and you supply a copy of that to the Land Registry in due course.
  • The house does not have to be transferred into the widow's name, she can sell it as a representative of her late husband provided she shows you a valid Grant of Probate in her name and you supply a copy of that to the Land Registry in due course.

    That is right.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • Hi all,

    My husbands late mum found herself in a similar situation a couple of years back. My late father in law owned the home and died without a will. My late mum in law did not have her name on the deeds of the house or even a bank account (bless her, we didn't know this). My father in law died and the lawyers said everything (even the house) belonged to the eldest child (my husband) and the only option was for my husband to transfer it all back to his mum which he began proceedings to do immediately. Then everything got nasty.... My husbands estranged sister said that she wanted HER share as she worried that once mum died she may be left out so she said if my husband didn't give her her share she would hold up the whole transfer. With the advice of the solicitor my husband gave her £30k (unknown to mum who we didn't want to upset) and transferred the ownershipof the house back to his mum. 2 years mum died and YES you guessed it she (the sister) went to court to get a third of the house (a further 30k) and she won !!!!!
  • Catti
    Catti Posts: 372 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Gillybob wrote: »
    Hi all,

    My husbands late mum found herself in a similar situation a couple of years back. My late father in law owned the home and died without a will. My late mum in law did not have her name on the deeds of the house or even a bank account (bless her, we didn't know this). My father in law died and the lawyers said everything (even the house) belonged to the eldest child (my husband) and the only option was for my husband to transfer it all back to his mum which he began proceedings to do immediately. Then everything got nasty.... My husbands estranged sister said that she wanted HER share as she worried that once mum died she may be left out so she said if my husband didn't give her her share she would hold up the whole transfer. With the advice of the solicitor my husband gave her £30k (unknown to mum who we didn't want to upset) and transferred the ownershipof the house back to his mum. 2 years mum died and YES you guessed it she (the sister) went to court to get a third of the house (a further 30k) and she won !!!!!
    Wow! If that was in England and Wales then it seems the advice given was probably wrong. A spouse would be entitled to the first £125,000 of the deceased's estate, with a life interest in half the remainder, and the other half of the remainder passing to all the children equally.
  • dest
    dest Posts: 547 Forumite
    Part of the Furniture Combo Breaker
    That is right.

    Or letter of administration?
  • Catti
    Catti Posts: 372 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    dest wrote: »
    Or letter of administration?
    Or any valid GRANT OF REPRESENTATION!!!!;)
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