Land registry title

debra1968

My partner passed away ten weeks ago, I recently sent a death certificate to the mortgage company which they have returned today and said they will change the mortgage into my sole name but that according to Land registry we were tenants in common. I always thought we were joint tenants and am now worried the house doesn't automatically pass to me. The restriction is worded as follows:

No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the charge dated 11 June 2004 in favour of The Mortgage Works referred to in the Charges register.

If anyone can help it would be really appreciated

Shahni

That particular restriction is in relation to the mortgage. If you are tenants in common there will be another one along the lines of "no disposition by a sole proprietor..."

debra1968

Thanks for your reply, the only restriction is the one I have shown above, so hopefully the mortgage company are wrong and we were joint tenants after all

G_M

Presumbly you are the Beneficiary of his will in any case so it won't be a problem.

debra1968

Unfortunately he didn't make a will and we weren't married despite being together for 18 years and having two children.
He had cancer and despite the local hospice trying to broach the subject, he was adamant he wasn't going to die and so he didn't need to make a will, it was his way of coping with the situation.

Land_Registry

Whilst the register is not the sole evidence as to whether you hold a property as joint tenants or tenants in common it is probably worth going back to the lender and advising that the register only refers to their restriction and asking them to provide evidence as to on what basis they believe ir is held as tenants in common.

debra1968

Thanks for your reply, the letter just says that their records show the property is registered at the Land Registry as tenants in common, but what they have different to my copy I have no idea