Can he still own half the house if it's not mentioned in the will?

Caseyface

Sorry if this is in the wrong place but i'm hoping for a general response which might help.

It's a long and complicated story which i have sought help from on here before and you guys were brilliant. O.H's dad sadly died 3 years ago, he had terminal cancer so he tried to get things in order before he passed away. He wrote a will but my o.h never viewed it. After his death, my o.h's step-mother kept putting him off about the will claiming she had no idea what was happening. My o.h understood that she was grieving too and never pushed the issue, so much so that over 2 years had passed before i convinced him to get a copy of the will himself and see what it said. Unfortunately, he had been left nothing in writing, he would only have been left anything if his dad's wife had died before his dad which we knew was unlikely seeing as he only had months to live when writing this will. By the time we found this out, by law we could not contest the will. His step-mother still does not know that we know any of this.

Back to my question. My o.h believes that he saw a paper which meant that he as his son owned half the house, therefore she can not sell without his permission etc etc. I'm not overly convinced, and as there was no mention in the will, i think the house is hers. Am i right?

The estate was worth over 250'000, my o.h's dad never saw him without and expected his wife to give my o.h some money which has never happened. I know that she has done nothing wrong other than lie to us about the will and the fact she knew that she owed him nothing financially, but unfortuntely she isn't even emotionally involved with him either which i find sad.

We are expecting our first child together next year, we have struggled financially for 2 years as my o.h lost his job but we are now on the better side of things, we are both working etc. I am asking as this needs to be resolved and if my o.h has any chance of owning half of that house then we of course need to know.

Thanks for reading, please help. x

newcook

I would imagine that if your OH's name is on the documents as joint owner that she cannot sell it without his permission as it would need both signatures

NAR

Caseyface wrote: »

My o.h believes that he saw a paper which meant that he as his son owned half the house, therefore she can not sell without his permission etc etc. I'm not overly convinced, and as there was no mention in the will, i think the house is hers. Am i right?

What paper? He could check with Land Registry if he is down as a joint owner, but I think this unlikely as father's share would have to have been reregistered to step-mother as a result of the will. I'm not certain, but I think your OH would have been contacted/notified by the solicitor/Land Registry if this had happened.

thorsoak

http://www.landsearch.net/landregistry/?gclid=CJ-T__-iyKMCFYKY2AodZG3wtw

Check the title deeds which will be held with the Land Registry - see above If your OH's name is on the title deeds it will show up.

thorsoak

NAR wrote: »

What paper? He could check with Land Registry if he is down as a joint owner, but I think this unlikely as father's share would have to have been reregistered to step-mother as a result of the will. I'm not certain, but I think your OH would have been contacted/notified by the solicitor/Land Registry if this had happened.

Snap - same time of posting as well :rotfl:

Caseyface

Thank you, do we have to pay for this search?

SmlSave

Its £4-£8 to get hold of the Office Copy which will show who ownes the property.

I would suggest that you contact the Land Regsirty directly: -

http://www.landregistry.gov.uk/www/wps/portal/!ut/p/c1/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gfN1MTQwt381BD_2A3A08LT2cL49AwIwN_Y6B8JG55A0NidBvgAI4GlNjtbkRAdzjIr_jdDpLH5zp8-oH2-3nk56bqF-SGhkYYZAakOyoqAgCDDghj/dl2/d1/L0lDU0NTSUpKZ2tLQ2xFS0NsRUEhL29Kb1FBQUlRSkFBTVl4aWxNUVp3WEJNNUpVbE1rQSEhL1lCSkp3NDU0NTAtNUY0a3N0eWowc3J5bndBISEvN19MRjU0MThHN1VIQjZGMEk0RjdTQjRHMzBDMi9Ta19fXzExL3NwZl9BY3Rpb25OYW1lL3NwZl9BY3Rpb25MaXN0ZW5lci9zcGZfc3RydXRzQWN0aW9uLyEyZmluaXQuZG8!#7_LF5418G7UHB6F0I4F7SB4G30C2

Caseyface

Also, will the Title Register be the one we need? Thanks

SmlSave

Yes, the title register is the one you need.

Mojisola

I don't see how he could own part of a house without having signed paperwork saying that.

Check to put his mind at rest but I don't think you can own something without having had a legal transfer or sale made.