Care costs

anexuser

Can anyone help with post 29 please.

p00hsticks

I'd suggest re-posting this query over on the 'House Buying, Selling and Renting' board. An official Land Registry representative frequently posts there and will know the answer, but doesn't venture off that board as far as I nkow.

Mojisola

anexuser wrote: »

Another little 'problem' as mentioned earlier.

My Mum is named on the Land Registry by her old surname i.e her 1st husband (my late Dad's) name.

Is this going to be a issue?

No. The second marriage certificate will be proof enough.

RAS

anexuser wrote: »

I thought I had asked a relatively straightforward question - little did I know how complicated it really is!

It appears from the details obtained from LR that the house is held as joint tenants.
I am tempted to suggest to Mum that she severs the joint tenancy and as TBagpuss says if it is later decided that this is depravation of assets then so be it - nobody is any worse off.

It would not surprise me that a will was written relating to a joint tenancy that left half to children and etc.

In one case on the housing forum the solicitor had written a will leaving the house to the children of a divorced woman despite the fact that it was a joint tenancy and the ex-husband would become the sole tenant on her death.

anexuser

Mojisola wrote: »

No. The second marriage certificate will be proof enough.

Does the name need changing before the joint tenancy is severed?

Would you believe my Mum & step Dad have been married for well over 30 years, and yet the Land Registry is still in her former name!!!!!!

Mojisola

anexuser wrote: »

Does the name need changing before the joint tenancy is severed?

Would you believe my Mum & step Dad have been married for well over 30 years, and yet the Land Registry is still in her former name!!!!!!

She's still the same person, even if she has been using her husband's name.

If you want a belts and braces letter, she could use both names in the severance letter, say Mabel Smith (formerly Jones).

She could also change the name at the LA if that would make her feel better about there being no hassle later on.

anexuser

Now I am really confused.

My Mum is quite right, her will clearly leaves everything to myself and my sister. It actually says that everything, including her share of the house is held in trust until the death of my step Dad and then split between me and my sister.

The very interesting thing is that with the will is a copy of a letter severing the joint tenancy and a letter from the solicitors confirming that the original has been sent to the building society to be kept with the deeds.

So I am now left wondering why the Land Registry do not show this, and is the existence of these letters enough evidence that the house is held as tenants in common. The letters are both dated after the last entry shown at the Land Registry.