House Sale without permission?

theshoefairy

HI all,
Just in need of some advice.

My late mother is co owner (or at least I think she is) of a house with her partner who she lived with for over 20 years. Not at that property, but her own. They weren't married but hr name is on the title deeds. 

She passed away in 2013, and her partner then continued to live in the house they co owned. I inherited hers and live in it with my daughter. Her partner (my step father) passed in June this year. He has 2 sons. I have discovered today that they have sold the house STC. 

I have a solicitor on the case for me, but he hasn't really given me any advice to put my mind at rest. 

I was just wondering if there is anyone here with any knowledge on this?

Many thanks

TripleH

Have you obtained a copy offthectitle deeds to see what they say for the disputed house?

If not do that ASAP.

You could try ringing the estate agent selling the property to get the name of the solicitors dealing with the sale.

Then ring them and put in your query / concern.

Assuming you don't want to obstruct the sale, make it clear that your issue is the correct distribution of monies received (to both the estate agent & solicitor). No need to jeopardise a sale ifvit turns out you don't have a claim).

Do this now and not later as you don't know how far down the process they are.

If you have a copy of your mother's will you may need to send it electronically to support your claim.

user1977

You don't sound like you know who inherited her share of the house. Is there a reason why you doubt it would have been her partner?

ETA: I see you had a previous thread which suggested you were going to be dealing with her estate - what happened?

https://forums.moneysavingexpert.com/discussion/5599887/probate-do-i-need-it

maisie_cat

If she was a joint tenant with her partner on her death her share would have automatically transferred to the partner, is that the case?

theshoefairy

Thanks all. Sorry I should have explained myself better.

This property is separate to the one I solely inherited from my mother.

Her name is on the title deeds as tenants in common, not joint tenants. 

I have contacted the estate agents and they have provided me with the name of the solicitor acting on their behalf, and I have now provided them with my solicitor's details.

user1977

You still haven't explained what the problem is. It would be fairly normal for somebody to leave their share of a cohabited house to their partner - and for him to leave his estate to his children. If they haven't actually inherited the house then they're going to come unstuck as soon as anybody looks at the paperwork.

Thrugelmir

theshoefairy said:

 He has 2 sons. I have discovered today that they have sold the house STC. 

Have you spoken to them since your step father passed away?  

theshoefairy

Sorry, I am not sure what you mean. The problem is that they have sold the house STC without my knowing. 

We haven't spoken since he has passed. We weren't close, neither were they close to my stepfather. 

youth_leader

You need to see your step father's will, you can access a copy now if the sons have got probate.

Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)

youth_leader

You can also ask for the records to be searched to see if your stepbrothers had LPOA, but this does end when the person dies.

Find out if someone has an attorney, deputy or guardian acting for them - GOV.UK (www.gov.uk)

Thrugelmir

theshoefairy said:

Sorry, I am not sure what you mean. The problem is that they have sold the house STC without my knowing. 

We haven't spoken since he has passed. We weren't close, neither were they close to my stepfather. 

How did the estate agent gain access to the property to value it and for purchasers to view it? 

Whose name is on the title deeds of the property?