Tenancy In Common -Death of

amayeta

If I purchased a property with someone, then they died and we had a Tenancy In Common does that me I become the sole owner.

Thanks for all replies

opinions4u

No. You both own set shares of the property. If one of you died the will or the laws of intestacy would dictate what happened to the share owned by the deceased.

kingstreet

Joint tenancy the property automatically becomes the sole property of the survivor. Tenants in common, the deceased share passes into the deceased estate and would be distributed as o4u has stated.

Goldiegirl

The deceased persons share of the property would only become yours if it was left to you in their will

amayeta

Many thanks for all the replies as I wanted to be sure as my sister died and for the 1st 5 years I paid part of the mortgage and life insurance until she went a little nuts and changed the locks.

I was only young but my parents told me to just come home which I did later on I raised enough money and in 4 years time I will B mortgage free.

The thing is the two people looking after the estate R cold and just keep telling me that I do not have a right to know what is in the will, even though it was me that helped pursuade my sister to get it done.

I am still waiting for the probate to be posted so I can view the will but if I cannot get access not sure if I just need to go to a solicitors my sister left everything to her son...he is only 17 and as I am his Guardian and is living with me.

It is not that I want to sell the property but I would like to rent out both so that we, I have one child of my own a lot younger so that we can function as a family but the exc of the estate say I cannot do that.

They want to place him into accommodation with others with special needs when he turns 18. I said this is not what my sister wanted she had her faults but always looked out for her son and I promised to look out for him.

Not sure what to do in the long run when he turns 18 he will B an adult.

Sorry to be such a pain but I want to move forward so I am asking for help as no-one on here knows me that advise will not be bias.

Thansks for all the replies

amayeta

Thank you to everyone who replied to this post. I have since spoken to a representative from the Land Registry Office and was told the following information. My sister appparently signed some paperwork B4 she died giving notice that she wished to sever our Joint Tenancy Agreement it would apprear even if I did not agree with this the Land Registry has a duty to record this. This is I can only assume will prevent me from becoming the Sole Owner of the Property. If this is the case will I am still upset then I should still have an interest in the property and the executors cannot simple tell me that the property belongs to my nephew as they have been doing. I do think it might be worth seeking legal advise as the executors seem to have taken it upon themselves to continually lie to me. As my nephew now lives with me in my house the idea was to rent both properties out and to move us all into somewhere else to start a fresh. My nephew is quite happy for this to happen but the executors are telling me that I have no right. This seems to be getting quite complicated so I will have to seek additional advice. I will of cause keep everyone informed of what transpires. Again many thanks to everyone especially ValHaller your a star.

holly_hobby

Sorry, I am v confused .....

amayeta wrote: »

my brother died and for the 1st 5years I paid part of the mortgage and life insurance until he went a little nuts and changed the locks.

my brother has no living spouse but left everything to his daughter...she is only 16 and as I am her Guardian she is living with me.

But your deceased brother has now become a deceased sister

amayeta wrote: »

My sister appparently signed some paperwork B4 she died giving notice that she wished to sever our Joint Tenancy Agreement.

And their daughter is now a son

amayeta wrote: »

As my nephew now lives with me in my house the idea was to rent both properties out and to move us all into somewhere else to start a fresh.

Blimey !!!

Putting that to one side....

If the child has special needs and deemed unfit to manage their own affairs, their financial interests will be protected by the courts.

If you jointly own a property, neither owner may simply write to Land Registry and remove you legal ownership, this can only happen on a Transfer of Equity (which all associated parties agree to).

The property can not be sold or diposed of without your agreement and signature.

Obvously, as advised in several posts above, under a tenancy in common, your sibling could leave their share by will, to anyone nominated, or it will follow intestacy regs, which if there were unmarried will be to their issue (children).

Hope this helps

Holly

amayeta

Sorry I have been dealing with a lot. My sister died and I am her sons Guardian. Again sorry the error everyone.

The executors want to sell the property and have suggested that most of the items with in the flat be sold off and that my nephew should be housed in supported housing.

As his Guardian I will be informing them that this is not a decision for them to make. My nephew may have special needs but it is quite capable so that he could stay in the other flat when he is older. He and my son think they could even live there in years to come.

They are now informing me that my sister told them that she gave me £4000 years ago and thought this was for payment of my investment in the property this was not the case. They want me to accept £10'000 and not contest the application that the flat where my sister and nephew lived has nothing to do with me.

This is not acceptable and I will have to think about finding a solicitor as they intend to use money from the estate to engage one. The flat is in very poor condition. I had discussed with my sister about extending the lease but unfortunately nothing was sorted.

The executors only have control of funds until my nephew turns 21 and then everything will be transferred to him.

I am almost thinking it would be easier to just get on with it but my nephew is quite angry as no one has bothered to ask him what he wants, except me as I have made it quite clear I would be happy to start investigating alternative accommodating if that is what he would like.
It was not received. It is coming up to the 1st anniversary of my sisters death.

I would like this sorted any thoughts.

Yorkie1

I think you are right that you need specialist legal advice. This is unlikely to be that cheap, but if you want to protect your position as co-owner of the property then it sounds as though it is necessary - particularly as there are allegations that you say are false now surfacing that you'd been given money by your sister.

The undermining of your position as your nephew's guardian is also concerning for you, and you are under a duty to do the right thing for him. You will need to ensure that you can protect yourself if allegations are made that you are making decisions which prefer your own position instead of his rights, if you see what I mean.

It would help you to get together all the paperwork that you have for this, including:
- details of what you bought the property for
- copy of lease, including length
- amount of mortgage outstanding
- details of any other financial transactions between you and your sister, including whether they were gifts and any documentation to support that position
- details of what you've paid towards the mortgage and upkeep
- copy of the land registry form by your sister splitting the joint tenancy
- if you get it, copy of the will once the executors have registered probate (I'm surprised this hasn't happened yet if you're a year down the track)

amayeta

Many thanks for the reply I will sort out what I can and start looking for representation.