Ownership of property - joint/in common

Dubby_40

Hi

I realise that we will need to speak to a solicitor, but before we do, can anyone offer advice?

House is owned by both parents; Land Registry lists them both. Father passed away two years ago, no will, and parents weren't married, so I think I'm correct in assuming that any property would go to daughter (only child) as his next of kin.

Probate was never applied for, the only possible asset is the house. Are we able to find out if the house was owned jointly or, as tenants in common? I beleive if it was owned as TIC, then his share would now belong to his daughter.

Thank you in advance

68ComebackSpecial

Pay £3 and download the title document from Land Registry - that will show how the property is owned.

getmore4less

The land registry does not always show how property is owned as it records legal ownership.

Land Registry lists them both
primary indicator is a Form A restriction.

Form A, Schedule 4 of the Land Registration Rules 2003). “No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.”

Most cases if there is no Form A restriction it will be Joint tenants but that is not conclusive as the joint tenancy may have been severed  without updating the LR.

Dubby_40

I've downloaded the Land Registry title document - it does not mention anything about the type of ownership, nor anything about Form A.

Thank you for your responses.

getmore4less

Have you asked your mother  what she thinks?
Was there a mortgage at time of fathers death?