Who Owns My Parents House?

Katgoddess

I've just downloaded the title documents for my parents house.

On the registry extract (part a) on the front page, it says that the registered owner is my mother.

It then says on the 3rd page (part b) , that in 1987 the Proprietor of the house is my mother.

Now in part c (charges) it says that in 2000 my father was made proprietor.

My dad was under the impression that he was a sole owner of the house. But the solicitor that dealt with it all was recently struck off and my dad wants to make sure its all been done correctly.

We are confused because the first two sections say that my mother is the owner and proprietor. And the third part says that he is a proprietor.

Can anyone shed any light or point me to a website?

Cheers :beer:

Bossyboots

Right. Your mother owns the property.

Originally the owner/s of a property were the registered proprietor/s.

More use of modern English means that she is now the registered owner. I think that change may have been made in 2000 when the registration in relation to your father was made. That registration is actually as proprietor (owner) of a sum of money secured against the property, implying that he has put money into the property for which he has a legal document ensuring he receives payment when it is sold. That document (charge) has been registered on the deeds. This is a method used when a couple separates but the partner moving out does not receive their share immediately. The charge protects them against sale of the property without them being aware as it cannot be sold until the proprietor of the charge signifies that it has been settled.

I have no idea why you father thinks he owns the property from what you have said. If you want to expand a bit more, it might become clear what went wrong. However, if the solicitor was struck off it suggests that things were not in order and it may well be that they have made a major error in their paperwork. Usually the Land Registry picks up discrepancies in documents.

Do you know why the solicitor was struck off? If it is supposed to be your dad registered as owner and the solicitor has made a mistake or done something illegal, the solicitors insurance will cover the cost of putting it right.

Your father needs to contact the Law Society to find out who has the original solicitors files. This may be the Law Society themselves. If he explains what has been found out, they should advise him of what he needs to do to get it checked out.

Katgoddess

Thank you bossy boots. I was confused between owner, and proprietor.

So basically my mother owns the property, but if it is sold my father has a financial interest in it?

The solicitor was struck off for forging someones will and getting some money from a trust fund.

I don't know why my dad thinks he's the sole owner. As far as I know back in 2000 he was made a joint owner. But he's not even that it seems.

I think the law society should have his files because thats where his will is kept.

I will let him know.

Thank you x

Bossyboots

It may simply be that the Land Registry have put your father's interest into the wrong register. It would be surprising but after all the info is input by humans.

I think he does need to see the file. If the mistake is the Land Registry's they will need copies of documents from the file before they will correct the mistake.

Without seeing the papers, it is difficult to know exactly what has happened. The other thing that has just occurred to me is that rather than being registered as an owner, your father has actually had a restriction registered on the property preventing your mother from selling it without him knowing. This is standard in the case of a property where only one half of married couple are the registered owner. To have them both as owners, they would both have had to sign a transfer deed from your mum to your mum and dad. Otherwise the restriction or caution (which is what I think they were still called in 2000) would be registered as your dad would have rights over the property under family law. I think this is what your dad has done and has maybe not understood exactly what was occurring.