Joint Tenants vs Tenants in Common (long post warning)

noclaf

Land_Registry wrote: »

Understood but it is important to flag that the registered information is not definitive as to how the property was held.

Whilst it may offer an indication you must take into account all available information and add that to the mix and your calendar and sequence of events is also very relevant as you already appreciate

Sure, understood. I will ask a legal professional to help sift through what we have and hopefully can make an informed decision on next steps etc

getmore4less

Are both of sound mind
If not are LPA in place for the ones that are not?

Seems the simple solution is to get them to sever the tenancy if that is what is desired needed.

Even if the actions of new wills is sufficient and additional note will back that up.

Someone with LPA can accept the severance on behalf of their doner


you also have the financial settlement on divorce to consider as that won't be reflected on the land reg, it may be that the beneficial ownership is already 100% one of the parents?

who lives in it?

noclaf

getmore4less wrote: »

Are both of sound mind
If not are LPA in place for the ones that are not?

Seems the simple solution is to get them to sever the tenancy if that is what is desired needed.

Even if the actions of new wills is sufficient and additional note will back that up.

Someone with LPA can accept the severance on behalf of their doner


you also have the financial settlement on divorce to consider as that won't be reflected on the land reg, it may be that the beneficial ownership is already 100% one of the parents?

who lives in it?

Dad no and I think it's a bit late in the day to try applying for him. I was asked many years back but I was much younger then and was a bit too much to take on. So the council acts as an appointee for him..I think that's the correct term.
Mother - I am about to initiate POA.. however am looking at LPA if they say her mental state lacks capacity ( early stages of memory loss diagnosed by gp).

I live in the property with mother.( I have no ownership rights though). Just us in house too and I'm her carer( not.in any official capacity but as her only child).

badger09

getmore4less wrote: »

Are both of sound mind
If not are LPA in place for the ones that are not?

Seems the simple solution is to get them to sever the tenancy if that is what is desired needed.

Even if the actions of new wills is sufficient and additional note will back that up.

Someone with LPA can accept the severance on behalf of their doner


you also have the financial settlement on divorce to consider as that won't be reflected on the land reg, it may be that the beneficial ownership is already 100% one of the parents?

who lives in it?

That's what I was thinking.

Did your parents have legal advice during their divorce proceedings? If so, I would have thought their solicitors would have dealt with the paperwork surrounding the divorce settlement, including LR update.

noclaf

badger09 wrote: »

That's what I was thinking.

Did your parents have legal advice during their divorce proceedings? If so, I would have thought their solicitors would have dealt with the paperwork surrounding the divorce settlement, including LR update.

I will take another look but I don't see.any mention of it.
My father continued paying the mortgage per divorce agreement however he stopped at one stage then mum paid rest untill completion of the mortgage balance.
Aside.from.that they each just mention their wishes for their respective shares to be passed down to me.
I should probably add..the land registry doc I have is.from.the 80's..I did try downloading the £3 copy from the website but it crashed so will need.to try again.
I suspect (could be wrong).that the stress of the divorce on both parents and their respective medical states at the time means these small.things could of.been omitted. Hopefully can be clarified soon.

elsien

noclaf wrote: »

Dad no and I think it's a bit late in the day to try applying for him. I was asked many years back but I was much younger then and was a bit too much to take on. So the council acts as an appointee for him..I think that's the correct term.
Mother - I am about to initiate POA.. however am looking at LPA if they say her mental state lacks capacity ( early stages of memory loss diagnosed by gp).

I live in the property with mother.( I have no ownership rights though). Just us in house too and I'm her carer( not.in any official capacity but as her only child).

If dad lacks capacity then he's not going to be able to lawfully agree to sever the tenancy.
An appointee deals with benefits/state pension. They cannot deal with private pensions, house etc.
If mum is assessed to lack capacity around the power of attorney (capacity being time and decision specific) then you cannot have power of attorney and would need to look into a deputyship. This is not a quick process but would be needed if the house needed to be sold at any point while she was still alive.

noclaf

elsien wrote: »

If dad lacks capacity then he's not going to be able to lawfully agree to sever the tenancy.
An appointee deals with benefits/state pension. They cannot deal with private pensions, house etc.
If mum is assessed to lack capacity around the power of attorney (capacity being time and decision specific) then you cannot have power of attorney and would need to look into a deputyship. This is not a quick process but would be needed if the house needed to be sold at any point while she was still alive.

Yep with dad it's more tricky and having taken legal.advice.previously think.its best to leave things as they are. For mum however I will try poa but am prepared for the long slog if deputy route...Ive heard 9.months as a guide.timeline....but it could be shorter/longer and I accept will.be a protracted affair

getmore4less

noclaf wrote: »

I will take another look but I don't see.any mention of it.
My father continued paying the mortgage per divorce agreement however he stopped at one stage then mum paid rest untill completion of the mortgage balance.
Aside.from.that they each just mention their wishes for their respective shares to be passed down to me.
I should probably add..the land registry doc I have is.from.the 80's..I did try downloading the £3 copy from the website but it crashed so will need.to try again.
I suspect (could be wrong).that the stress of the divorce on both parents and their respective medical states at the time means these small.things could of.been omitted. Hopefully can be clarified soon.

What does the divorce agreement say about ownership?

getmore4less

Even if mum has capacity she probably can't sever the joint tenancy if dad has lost capacity and there is no LPA in place(do check though it may be possible I just don't have a reference).

I still think that the will may be sufficient to establish severance and the divorce settlement should sort out beneficial interests,.

Mojisola

elsien wrote: »

If dad lacks capacity then he's not going to be able to lawfully agree to sever the tenancy.

He doesn't have to - either owner can sever the joint tenancy and the other can't object.