Property ownership after death

Xxxtubsxxx

A long story but my mom is unsure of whether she owns her home after her ex partner passed away.

They were joint tenants with joint beneficial ownership at the time of separation. However he made her sign a letter he typed stating if he gave her £20000 she would give up all her rights and make no financial claim in the event of a SALE. He then gave her the money and she moved out. The letter was only suggestive of what was to happen and did not state it HAD happened this way.

Fast forward 4 years and he dies. Nothing was sent to land registry to sever the ownership to tenants in common. He served no written notice to her or put in words his own wishes. The land registry see the property as hers as does the mortgage company.

However the family he hates and hasn't spoken to in decades believe it to belong to his estate and want it understandably.

At the time of his death a solicitor briefly advised it was hers and she moved back in. It has been 2 years and now the family are giving her ultimatums via a solicitor to give them the money owing, sell the house then give the money or they will SEEK a court order to gain the property and SEEK an order to evict her.

A family friend dealing in these laws may help her but it will be in his free time and my mom works long night shifts so could take a while to get the ball rolling her end. They have only given her 10 days to respond so needs to get some advice a bit sooner than her solicitor can.

What she needs to know is if that letter she signed can be used to suggest they severed the beneficial relationship and now has no rights to the property. It mentions nothing about his intent if he dies before sale. She will of course hand it straight over if it is rightfully theirs but would be foolish to give it up if that letter won't hold up in court.

Yorkshireman99

Who has the letter?

Xxxtubsxxx

The family must have it to know what was said - they had access to the property weeks before we learnt of his death and they took all his paperwork.
Supposedly he hand delivered it to his solicitor at the time she signed it but they did nothing I'd have expected a solicitor to do like sever the joint tenancy and she was given no letter of response, just the cheque in the post.

HB58

Was there a will? Who executed the estate?

Xxxtubsxxx

No will so his siblings are handling it. They made an insolvency order and are now asking for the house or the money from it to settle the insolvency. The solicitor states after 'the trustees investigations' they believe she sold her beneficial interest.
None of this is coming from an official channel, just their solicitors letters using suggestive words. Which is why we are clueless to the validity of what she signed

paddedjohn

She sold her interest in the property so why is she even thinking she is entitled to it now?

Xxxtubsxxx

Because he didn't do it properly at the time of separation so we are questioning it's legality like anyone would...
She's not a gold digger clutching at every straw, just a woman that could have a chance at keeping her family home. And her old solicitor who we can no longer contact said the letter wasn't worth the paper it was written on originally. Now we are not so sure.

silvercar

Did she receive the money?

Was she coerced into signing If the property was worth more than £40k, why would she settle for less than half?

Is there still a mortgage? Who pays it now and who has been paying it since she signed the letter?

lovinituk

Xxxtubsxxx wrote: »

She's not a gold digger clutching at every straw, just a woman that could have a chance at keeping her family home.

The family home that she agreed to leave in exchange for a sum of money? Or are you saying she was forced against her will?

getmore4less

What are the numbers and who has been paying the mortgage?


Why would they(siblings) not just leave the estate as insolvent and let the creditors deal with any claim on the house?

troubleinparadise

Whilst your Mum might not have much free time, given that she may well be about to lose the roof over her head she needs to make time to get some proper legal advice about where she stands with regard to this house.

It sounds somewhat tenuous given she has signed some type of contract with her ex-partner, and received the sum of money referred to in that; whether it was fair in the first place could be something a solicitor could usefully advise her on, and how to proceed whatever the situation.