Inheritance from divorced parents

prudentsaving42

My mother and father had divorced a couple of years ago, they agreed that mother could keep the property where I live at and proceeded with the divorce, however I am not sure if the deed of the property changed. After my mother had passed away I checked the land register for the property it shows that both my mother and father are registered owners. Does this mean that my father is now the only owner of the property? Do me and my sibling inherit the property? There were no wills left. Could anybody clarify this situation?

Thanks.

RAS

Hi

I think you need to know if it was a joint tenancy.

There are rules re inheritance of property if someone dies intestate but check that first.

prudentsaving42

RAS wrote: »

Hi

I think you need to know if it was a joint tenancy.

There are rules re inheritance of property if someone dies intestate but check that first.

Yes I am pretty sure it is joint tenancy. But shouldn't the property now be fully registered to my mother after the divorce? If not, now that my mother has passed away and my father is no longer the partner of my mother, surely the 50% that was registered to my mother would now be left equally to the two children she has?

RAS

Joint tenancy does not work like that, the whole property belongs jointly to both people. No need even for probate.

I am astounded this was not sorted out when they divorced. Normally after divorce the ex partner cannot inherit but joint tenancy is not an inheritance. Anyone got a copy ofthe divorce settlement

MrsTinks

If she died interstate (no will) and your parents are still jointly listed as owners of the property then I think your father now owns the house... I would really recommend you get some professional legal help on this one as it would seem to me that they may need to check the actual divorce agreement as well as the landregistry files etc... Most solicitors do a free 30 minute initial consultation and should be able to tell you where you stand...

prudentsaving42

Well in the land registry it just says
Registered Owners: Father and Mother of Address.

Under the proprietorship clause [when they bought it] it also says Father and Mother as the proprietors.

Neither me nor my sister are bothered about the actual inheritance as we will still all be living there together, we're just wondering what the legal stance is.

MrsTinks

Legally I think your dad owns it... but you need someone to look at the divorce agreement really... it MIGHT override the usual rules which is that your dad would as far as I know own it if they are jointly named.
The other problem ofcourse would be if he had to sell for any reason - you'd have no right to remain there...

prudentsaving42

MrsTine wrote: »

Legally I think your dad owns it... but you need someone to look at the divorce agreement really... it MIGHT override the usual rules which is that your dad would as far as I know own it if they are jointly named.
The other problem ofcourse would be if he had to sell for any reason - you'd have no right to remain there...

If I were to go the court where my parents' divorce was executed would they provide me with their divorce agreement?

If in the agreement it clearly states as my mother being the only new owner of the property would that override the land registry with regards to inheritance?

We understand that we would have no right to remain in the event of a sale, but we jointly feel that if that was the decision of our father we accept it, so there are no moral issues with that. However if we are entitled to anything it would be a reassuring bonus.

margaretclare

I think it has already been said, but - a property in joint names is owned by both 'jointly and severally' i.e. they both own it, not half each, the whole thing. If one dies the survivor automatically owns the whole property.

It should have been sorted out at the time of divorce.

RAS

Hi

I think you are not quite getting something

The house is either a joint tenancy or it is tenants in common. In both instances both nmames are listed.

If it is the former then the whole house transfer to dad, unless there was something in the divorce settlement.

If it is tenants in common, then mum's half will be distributed according to the intestacy regulations.

Debt_Free_Chick

I think you need to go back to the divorce and be clear about what happened with the property. It could be that it should have been transferred to your mum, as the settlement. But it's also very common for "nothing" to happen to the property, but for mum to be allowed to continue to occupy the property, until all kids have completed full time education. The property remains jointly owned (or ex-husband takes a charge over it) until that time, when the intention is for it to be sold and the proceeds split between them.

However, if this were the case, I would expect it to have been held as tenants in common, rather than jointly.

Worth checking out what was supposed to have happened.