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House Deeds

PenniesInHeaven
PenniesInHeaven Posts: 6 Forumite
First Post
edited 17 February at 1:17PM in House buying, renting & selling
Apologies if I've posted this in the wrong section but if I have can someone tell me, anyway here goes. 
I recently qualified for free solar panels, loft and indoor wall insulation after a surveyor came round last week. 
They need the deeds in my name for the work to start so paid £7 on The Land Registry and the house is in my mum and dad's name who have both passengers 
I've lived here 20 years and my mum said she was leaving house to me but only found out last week that several weeks before she passed 7 years ago that one of my 3 brothers took the deeds without permission and now want tje deeds shared equally between the four of us despite me living here 20 years looking after my mum and since she passed 7yrs ago Ive spent over £30,000 inside and outside trying to keep the property nice.
Until last week I thought it was mine. 
Trouble is if I don't agree to share the deeds with my brothers who I've not seen or spoken with since mum's funeral but want what's mine.
So I just want to know do the deeds have to be shared equally or can I ask for more but obviously they'll need to agree. 
Secondly I'm worried if I agree to share the house deeds can they sell the house without my permission?
Apologies for the huge post yet again but really appreciate any feedback. 
Thank You In Advance 

Regards (Removed by Forum Team) 

Comments

  • Flugelhorn
    Flugelhorn Posts: 7,379 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 15 February at 8:30AM
    basically this comes down to whether your mother left a will and who she left the property to?  did anyone apply for probate?

    If there was no will then it would normally go to her 4 children equally 

    probably nothing to do with who physically has the deeds these days - all comes down to who was left the property and what it says on the land registry
  • Keep_pedalling
    Keep_pedalling Posts: 21,157 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Unfortunately if your mother did not make a will the house is not yours, it would be inherited by the four of you under the rules of intestacy. As the property is registered with the LR the paper deeds are no longer important.

    If your brothers are happy for you to continue living there then the LR can be updated with the new ownership but I don’t know if that still entitles you to the grants, being a part rather than a full owner. Before that can happen however someone is going to need to apply for probate for your mother and because of the date of death an IHT 205 return will also be required. 

    Ideally had this been dealt with within two years of death your siblings could have made a deed of variation giving you a life interest, but it is too late for that now, and even if they were willing to let you have sole ownership gifting their share to you will probably leave them with a CGT liability. 

    Is she had made a will leaving you the property the only part of the above still applicable is the need for probate and IHT return.
  • Just found out again this past week that my brother has the will which and the deeds. Thank you for your reply. 
  • Keep_pedalling
    Keep_pedalling Posts: 21,157 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Just found out again this past week that my brother has the will which and the deeds. Thank you for your reply. 
    Do you know who the will appoints as executors, or what its contents are?
  • Flugelhorn
    Flugelhorn Posts: 7,379 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    have you found out what the will says?  hopefully, for your sake, mum did do as she had promised - though I am afraid that people often don't.
  • No I don't know what it says yet but will be meeting up with my brothers within a few weeks so hopefully we can be amicable and sort it out then. 
  • Cit6
    Cit6 Posts: 34 Forumite
    10 Posts
    Just remember verbal "wills" are NOT legal 
  • bobster2
    bobster2 Posts: 1,024 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 16 February at 8:01AM
    No I don't know what it says yet but will be meeting up with my brothers within a few weeks so hopefully we can be amicable and sort it out then. 
    In general there should not be much for beneficiaries to "sort out".

    If there's a will - the estate should be distributed according to the will.

    If there is no will - then the estate should be distributed according to the rules of intestacy.

    What you could discuss perhaps - if you are all inheriting an equal share of the estate - is whether to sell and split the proceeds, or something else.

    In various places you have written about who has taken the deeds, or has the deeds. Physical possession of the document is not really relevant. As you have seen you can download a copy of the title from the land registry.
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