Preventing someone selling a property you have a share of?
Discussion
I'm sure that there are better solutions, but you can register a land registry alert.
You'll be notified if anyone looks at the deeds (as any buying solicitor would)
https://www.gov.uk/guidance/property-alert
You'll be notified if anyone looks at the deeds (as any buying solicitor would)
https://www.gov.uk/guidance/property-alert
What do the Deeds say?
I know its only a phrase but it can't be owned 'jointly 50/50'
It's either Joint Tenants (in which case full ownership goes to the other party on a death) or Tenants in Common and if the latter, it cannot be sold out from under you
The following will be on the deeds if Tenants in Common
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.
I know its only a phrase but it can't be owned 'jointly 50/50'
It's either Joint Tenants (in which case full ownership goes to the other party on a death) or Tenants in Common and if the latter, it cannot be sold out from under you
The following will be on the deeds if Tenants in Common
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.
Generally the mechanism for this is that upon individual X’s death:
- X’s share of the asset is placed in trust, with their heirs as the beneficiaries
- The spouse may enjoy the use of the asset until they either no longer want to or their own death
The point is - after X’s death, X’s spouse does not own 100% of the property. They are free to enjoy the benefits of it so long as they live, but if they choose to sell then X’s share goes to X’s beneficiaries. If X’s spouse would be acting illegally if they were to sell the property and pocket the lot.
Sometimes a will or accompanying letter of wishes may state that X’s spouse can make use of the property to put a roof over their head for as long as they require it, but that notwithstanding they should otherwise make all reasonable efforts to return X’s share to the heirs as soon possible.
In terms of practically how you stop such a sale, you need to
a) Make sure you are aware of any potential efforts to sell the property. Set yourself up with alerts on Rightmove, etc. for any property listings in that area. Get Land Registry alerts set up (as mentioned above).
b) If it were to come to market, make the agent aware that the vendor does not have clean sight of the title. Do the same if possible with the vendor’s lawyers. You’re trying to say “my share will come up in conveyancing” - that may be enough.
c) Make the vendor aware that you lay claim to your share of the property if it is sold (i.e., that if they sell, they owe you your share under the terms of the will, and you’ll sue for it if necessary)
- X’s share of the asset is placed in trust, with their heirs as the beneficiaries
- The spouse may enjoy the use of the asset until they either no longer want to or their own death
The point is - after X’s death, X’s spouse does not own 100% of the property. They are free to enjoy the benefits of it so long as they live, but if they choose to sell then X’s share goes to X’s beneficiaries. If X’s spouse would be acting illegally if they were to sell the property and pocket the lot.
Sometimes a will or accompanying letter of wishes may state that X’s spouse can make use of the property to put a roof over their head for as long as they require it, but that notwithstanding they should otherwise make all reasonable efforts to return X’s share to the heirs as soon possible.
In terms of practically how you stop such a sale, you need to
a) Make sure you are aware of any potential efforts to sell the property. Set yourself up with alerts on Rightmove, etc. for any property listings in that area. Get Land Registry alerts set up (as mentioned above).
b) If it were to come to market, make the agent aware that the vendor does not have clean sight of the title. Do the same if possible with the vendor’s lawyers. You’re trying to say “my share will come up in conveyancing” - that may be enough.
c) Make the vendor aware that you lay claim to your share of the property if it is sold (i.e., that if they sell, they owe you your share under the terms of the will, and you’ll sue for it if necessary)
Edited by brickwall on Sunday 7th April 20:27
RESSE said:
brickwall said:
Generally the mechanism for this is that upon individual X’s death:
- X’s share of the asset is placed in trust, with their heirs as the beneficiaries
- The spouse may enjoy the use of the asset until they either no longer want to or their own death
The point is - after X’s death, X’s spouse does not own 100% of the property. They are free to enjoy the benefits of it so long as they live, but if they choose to sell then X’s share goes to X’s beneficiaries. If X’s spouse would be acting illegally if they were to sell the property and pocket the lot.
Sometimes a will or accompanying letter of wishes may state that X’s spouse can make use of the property to put a roof over their head for as long as they require it, but that notwithstanding they should otherwise make all reasonable efforts to return X’s share to the heirs as soon possible.
In terms of practically how you stop such a sale, you need to
a) Make sure you are aware of any potential efforts to sell the property. Set yourself up with alerts on Rightmove, etc. for any property listings in that area. Get Land Registry alerts set up (as mentioned above).
b) If it were to come to market, make the agent aware that the vendor does not have clean sight of the title. Do the same if possible with the vendor’s lawyers. You’re trying to say “my share will come up in conveyancing” - that may be enough.
c) Make the vendor aware that you lay claim to your share of the property if it is sold (i.e., that if they sell, they owe you your share under the terms of the will, and you’ll sue for it if necessary)
brickwall - very helpful and thank you for such a detailed reply.- X’s share of the asset is placed in trust, with their heirs as the beneficiaries
- The spouse may enjoy the use of the asset until they either no longer want to or their own death
The point is - after X’s death, X’s spouse does not own 100% of the property. They are free to enjoy the benefits of it so long as they live, but if they choose to sell then X’s share goes to X’s beneficiaries. If X’s spouse would be acting illegally if they were to sell the property and pocket the lot.
Sometimes a will or accompanying letter of wishes may state that X’s spouse can make use of the property to put a roof over their head for as long as they require it, but that notwithstanding they should otherwise make all reasonable efforts to return X’s share to the heirs as soon possible.
In terms of practically how you stop such a sale, you need to
a) Make sure you are aware of any potential efforts to sell the property. Set yourself up with alerts on Rightmove, etc. for any property listings in that area. Get Land Registry alerts set up (as mentioned above).
b) If it were to come to market, make the agent aware that the vendor does not have clean sight of the title. Do the same if possible with the vendor’s lawyers. You’re trying to say “my share will come up in conveyancing” - that may be enough.
c) Make the vendor aware that you lay claim to your share of the property if it is sold (i.e., that if they sell, they owe you your share under the terms of the will, and you’ll sue for it if necessary)
Edited by brickwall on Sunday 7th April 20:27
You can download a copy of the title register from the land registry for £3.00
LastPoster said:
I believe that only to be the case if the house was registered as Tenants in Common. It may be too late if Joint Tenants (as neither person owns a share to leave to anyone)
You can download a copy of the title register from the land registry for £3.00
This is an important point. You can download a copy of the title register from the land registry for £3.00
As joint tenants, you are viewed as a single entity. The property is automatically left to the other should one of the tenants pass away.
Caddyshack said:
You can ask for cautions to be put on the deeds as I understand it.
As an interim step, Unilateral notice is probably the quickest/easiest way to do it. Simple form to land registry. It you do need the title numbers etc. Probably worth the hour of lawyer/conveyancer time it would take to get someone to help with it. Aiui, cautions are usually wrt to first registrations.
Yes - get a caution registered on the title.
Remember it’s not just the sale you are trying to protect against - it’s also her taking out a mortgage or some sort of equity release arrangement (so just keeping an eye on Rightmove won’t be the strongest protection, although it will help).
Remember it’s not just the sale you are trying to protect against - it’s also her taking out a mortgage or some sort of equity release arrangement (so just keeping an eye on Rightmove won’t be the strongest protection, although it will help).
Completely unhelpfully the Title Register documents do not use the phrases JT or TinC anywhere
But within Section B - Proprietorship Register the following will appears if Tenants in Common
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
If not there then it is JT
But within Section B - Proprietorship Register the following will appears if Tenants in Common
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
If not there then it is JT
Edited by LastPoster on Monday 8th April 21:12
I'm happy to be corrected (I think Pro Bono who posted earlier is an actual lawyer) but I don't think the will trumps how the house is registered so until that is clear then nothing else matters.
As in, if the house was registered as Joint Tenants then the OP's dad didn't have a share to leave to anyone.
Someone posted a while back about hoping that the will was written with professional advice, this is very true.
As in, if the house was registered as Joint Tenants then the OP's dad didn't have a share to leave to anyone.
Someone posted a while back about hoping that the will was written with professional advice, this is very true.
Edited by LastPoster on Tuesday 9th April 08:38
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