Tenants in common and transfer of deeds advice

Keels

My mother recently passed away. She and her partner have a house under the agreement "tenants in common" and in her Will, has left her share to myself and my sister. He has two mortgages on his share, and although our solicitor has obtained probate, he has told us (after 9 months) that he is unable to put our names on the deeds without my mother's ex-partner's consent. He also told us that he is able to use someone else on the title of the house to be able to sell it, and is not obliged to include us, the inheritors. He could then disappear with the money, never to be seen again. What can be done to ensure that my mothers wishes are respected? Thank you for your advice.

SmlSave

Who is the executor of your mother's estate Keel?

Are you sure the mortgages are on only his share? If the property's title deeds are in joint names then it's most likely that any charges secured on the title are shared between your mother and her partner.

Keels

My uncle (my mother's brother) is the executer.

Anyway we know that if we get our names put on the deeds we also need to get our names on the mortgage and we are happy to do that. Thing is, he has cut all ties with us and so we won't know if and when he sells the house. What I want to know is, what can we do to protect ourselves?

Thanks for the advice.

SmlSave

As the Title shows both your mother and her partner's names your Uncle will have to be part of selling the house (as I understand it)

May I suggest that you call the Land Regsirty - they may be able to help.

Keels

Thanks but I have called Land Registry twice and they said that they do not provide legal advice and suggested getting another solicitor (as our one is useless). However I live abroad and it is not easy getting answers. Also my uncle who is the executor is not really up to the task and doesn't ask the right questions, bless him.

Conrad

I checked this just now with our Solicitor and it seems this could be solved quite simply on the legal side, however adding your names to a mortgage is not always straighforward. As an example, any normal mortgage company will need you to demonstrate you will use this property as main resi and the same goes for the current mortgagee.

Keels

ok will cross the mortgage bridge when we come to it.
What does your solicitor mean by it can be solved quite simply on the legal side regarding the deeds? I keep hearing this but am not being told how to go about it.

Desperate Keels.