Who Has The Legal Right To Sell House

rg1820x

If a house is owned 50/50 by a trust and the person who occupies the house (tenants in common), on the death of the occupier, who has the legal right to sell the house?

Does the trust have the sole right to sell or can the relatives of the deceased gain probate and sell it?

Thanks

RG

booksurr

the person who "occupies" the house is dead so they no longer own their share do they, their estate does!

the executor is the person who now decides what to do with that share in accordance with the will or, if no will, in accordance with the rules of intestacy

the trust remains a co owner for the other share which you seem to think is 50% (are you certain it is tenant in common rather than joint tenant - huge difference if the latter!)

the executor and the trust therefore have to be in agreement to sell as both must sign the sale contract

the relatives have no say and should not be interfering

rg1820x

Thanks for the reply.

Basically when my partners father died the solicitor who managed the trust for the other 50% contacted her and asked her to give him the keys to her late father's flat because he claimed that he had the sole right to sell the flat.

Yes the flat was owned as tenants in common because my partners father signed over half the house to his second wife who died 10 years ago hence 50% of the flat being held in trust.

Armorica

but... the executor may be a member of the family (your partner or a solicitor?) and it is also possible that there is some kind of agreement that sets out different arrangements (such as a sole right to sale - but that would be odd to give away those rights)

booksurr

If you believe he owned his TIC share outright in his own name then go an see a solicitor because you have a legal fight brewing. If FIL made his ex wife TIC owner of 50% then on her death why was her share put in trust and what does that trust say .... your father in law may only have had a life interest in the property and it reverts to the trust on his death, we can't read the legalities from here.

rg1820x

Her father owned the property outright but his second wife was dying of cancer and she wanted to leave her son some money so basically pressured him in to signing over half of the property.

My partner did take some legal advice and was told that the solicitor that managed the trust was making an interpretation of the law and that it would cost a lot of money to take him on.

Because she didn't hand over the keys, the trust solicitor threatened to gain access to the flat.

Unfortunately my partner has decided not to fight it.

Regardless of the differences in legal interpretation. Is there a case to complain about his behaviour to the SRA?

booksurr

rg1820x wrote: »

Her father owned the property outright but his second wife was dying of cancer and she wanted to leave her son some money so basically pressured him in to signing over half of the property.

My partner did take some legal advice and was told that the solicitor that managed the trust was making an interpretation of the law and that it would cost a lot of money to take him on.

Because she didn't hand over the keys, the trust solicitor threatened to gain access to the flat.

Unfortunately my partner has decided not to fight it.

Regardless of the differences in legal interpretation. Is there a case to complain about his behaviour to the SRA?

all very interesting but ....

only 50% is held by the trust, who is the executor of FIL's 50% now that he is dead - you have not answered that question

you said it was owned as TIC - pay the £3 and download the title deed from the Land Registry and confirm if FIL is still listed as an owner https://www.gov.uk/search-property-information-land-registry

unless the trust solicitor is aiming to commit serious fraud the land registry will not accept only the trust solicitor's signature on the sale documentation so the trust solicitor will need the executor to also sign

so far all you have is an unfounded allegation against the solicitor - so what do you want?

rg1820x

I believe my partner and her brother are executors of their fathers will.

Yes we have already checked the title register for the property and FIL is down as owner as well as the trust.

I've not suggested here that the trust are going to run off with the money. The trust solicitor from the outset has maintained that he has the sole right to sell the flat and distribute the funds once he has established that FIL's executors have a claim to 50% of the flat.

My point about complaining to the SRA is based on how he has conducted himself to take complete control of the selling process when partner was advised he had no absolute right to do so. ie Demanding my partner hand over the keys or he will gain access to the flat

RAS

In which case the executors need to get their act together and see a solicitor themselves - Monday if not this pm.

rg1820x

rg1820x wrote: »

My partner did take some legal advice and was told that the solicitor that managed the trust was making an interpretation of the law and that it would cost a lot of money to take him on.

As said in my previous post, my partner has taken legal advice.

booksurr

rg1820x wrote: »

As said in my previous post, my partner has taken legal advice.

so why come on here then? what was the legal advice? Why are the executors failing to act on it ? They have to sign the sale agreement as FIL's estate is still a part owner. Why do you object to the solicitor handling the sale, is he going to charge fees to the estate? Is your OH experienced in the administration of estates and/or selling property - may be the solicitor thinks he is doing your OH a favour by taking the load off him at a time when your OH is still grieving for his father

so far the only concrete thing you have questioned is can you complain to the SRA. google what to do - here is a hint:
http://www.sra.org.uk/faqs/contact-centre/public/03-problems-with-a-solicitor/complain-about-solicitor-how.page