Owner or TIC?

Olawat

How do I know if the house owned by my parents is owned jointly by them or if they were Tenants in Common (TIC)??? Will this be written into the deeds or does it have to be worded exactly within the will? Asking as Father recently died and not sure if Mother is now sole owner or because he stipulated his assets be shared between his 3 adult children, if that indicates TIC!? The will was not done by a solicitor . The house is to be sold and therefore need to know if we are now joint owners and whether probate is required. Hope someone will be able to advise as I am confused trying to research all the information and jargon.
:eek:

paddy's_mum

I'm pretty sure that under the laws governing marriage, Mother cannot be just shoved aside and left unprovided for.

Yorkshireman99

Olawat wrote: »

How do I know if the house owned by my parents is owned jointly by them or if they were Tenants in Common (TIC)??? Will this be written into the deeds or does it have to be worded exactly within the will? Asking as Father recently died and not sure if Mother is now sole owner or because he stipulated his assets be shared between his 3 adult children, if that indicates TIC!? The will was not done by a solicitor . The house is to be sold and therefore need to know if we are now joint owners and whether probate is required. Hope someone will be able to advise as I am confused trying to research all the information and jargon.
:eek:

You need to look at the land registry. If there are words like “no disposal of capital assets” it is TIC

Keep_pedalling

paddy's_mum wrote: »

I'm pretty sure that under the laws governing marriage, Mother cannot be just shoved aside and left unprovided for.

You need to see the OPs other thread.

For Olawat’s future reference, it is better to stick to a single thread where your questions are linked as in this case.

Keep_pedalling

Olawat wrote: »

How do I know if the house owned by my parents is owned jointly by them or if they were Tenants in Common (TIC)??? Will this be written into the deeds or does it have to be worded exactly within the will? Asking as Father recently died and not sure if Mother is now sole owner or because he stipulated his assets be shared between his 3 adult children, if that indicates TIC!? The will was not done by a solicitor . The house is to be sold and therefore need to know if we are now joint owners and whether probate is required. Hope someone will be able to advise as I am confused trying to research all the information and jargon.
:eek:

You need to obtain the property details from the land registry, and go from there. If their records show no restrictions then it will definitely be a joint tenancy and the property will be now owned outright by your mother.

If there are restrictions then it is possible that they were TiC, but that depends on the exact wording.

https://www.gov.uk/government/organisations/land-registry

Savvy_Sue

Olawat wrote: »

The will was not done by a solicitor .

And immediately our collective hearts sink on your behalf ...

Keep_pedalling wrote: »

You need to see the OPs other thread.

For Olawat’s future reference, it is better to stick to a single thread where your questions are linked as in this case.

Olowat's other thread.

Keep_pedalling

The default position for most house purchases through the years is joint tenancy, if the will was DIY, I strongly suspect that never got changed.

Bearing in mind the lowish value of the property (£150k) it is probably better for the OPs mother to have access to the entire value of the house sale to ensure a more secure old age in rented accommodation.

Land_Registry

The register is not definitive as to whether they were joint tenants or TIC so any advice to solely rely on the register is I'm afraid incorrect.

The terms joint tenants or TIC are not used on the register as they relate to their beneficial ownerships. We register the legal ownership, which on the death of your Father has passed to your Mother so probate is not required to deal with the property.

People mistakenly think that a Form A restriction on the register means that joint owners must be TIC. Conversely if there isn't one then they are JTs. That is incorrect as you can be TIC but not register a form A restriction.

So IF the legal ownership is to be transferred into joint names then your Mother would have to do that.
It is not compulsory to do so but something you should get legal/financial advice on especially with regards how your interests in your late Father's beneficial ownership have been or can be protected.

We register the outcomes of such discussions/decisions and in my experience that can mean doing nothing or it can mean Mother transferring to the four of you. Which is right for you very much depends on the advice you are given and how being a legal owner may impact on each of you as well. What your Mother's will states and/or what happens to the children's interests in death as well should also be added to the mix.

So the legal ownership is always clear. It's the beneficial one you need to investigate further and establish the facts before deciding next steps with regards both types of ownership.

Sea_Shell

If the register is not definitive, how are you able to determine ownership, if no other documentation can be found either way??

Land_Registry

Sea_Shell wrote: »

If the register is not definitive, how are you able to determine ownership, if no other documentation can be found either way??

Legal ownership and Beneficial ownership are different things. When you refer to ownership then the former is the one normally being referred to. The register is definitive re [legal] ownership

If no other documentation can be found either way and neither joint owner knows of anything which may have severed the joint tenancy then the assumption is you hold it as joint tenants

getmore4less

From the other thread

My father has recently died and in his will he has left his 50% share of the house to his 3 adult children.

What does this will say exactly.

What does mums will say?