Changing ownership on deeds - inheritance issues
Changing ownership on deeds - inheritance issues
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Discussion

Zstar

Original Poster:

119 posts

76 months

Thursday 24th March 2022
quotequote all
Apologies if this should be in SP&L but I know the Finance sub forum is better at estate type issues.

Background

My father died a few years ago. He had a part (25%) ownership of a property with his wife (not my mother). When he passed, I agreed to let her remain in the property and would pay 25% of maintenance costs, which I have been doing. When she passed away, we would then sell the house and split the estate as par the ownership percentage.

She has 3 sons, and my dad was in the process of making her (and thus them) the beneficiary of the house when he passed away. This apparently was ‘fair’ despite the fact he married his wife when the kids were in their 30s and has had little in the way of a relationship with them. The will was never actioned, as I refused to allow an amendment to his will as he had not signed the paperwork. Unbeknownst to him, my wife was pregnant and I now have a son, which may well have changed his intent.

One of the sons has now moved in with her after his marriage failed.

I am a bit concerned that she may try and do something to give him the house and prevent me getting my dads share, so I have the following questions:

- Can she transfer ownership to her son or sons without my consent?
- If she does, can I force a sale (I doubt they have the resources to buy me out)
- is there anything else I can or should do to protect my interests?

Thanks in advance!

Sheets Tabuer

21,395 posts

244 months

Thursday 24th March 2022
quotequote all
Zstar said:
- is there anything else I can or should do to protect my interests?
Yes, see a solicitor.

Zstar

Original Poster:

119 posts

76 months

Thursday 24th March 2022
quotequote all
Sheets Tabuer said:
Zstar said:
- is there anything else I can or should do to protect my interests?
Yes, see a solicitor.
I did when we sorted out the change from my dads name to mine on the deeds. I was just wondering if you can change the name on the deeds of a property without the consent of all current owners?

Zstar

Original Poster:

119 posts

76 months

Thursday 24th March 2022
quotequote all
It seems my Google fu is weak

https://www.quittance.co.uk/conveyancing/advice/tr...

To add a name to your property deeds, your conveyancing solicitor will need to obtain a copy of the property title through HM Land Registry. Once obtained, they will prepare a 'Transfer Deed' which must then be signed by all joint owners and in the presence of a witness.

Sheets Tabuer

21,395 posts

244 months

Thursday 24th March 2022
quotequote all
They can do a transfer of equity but they can't transfer your equity.