Title deeds

[mcdonaldclan]

husband purchased property in joint names with parents 16yrs agi they are now both mothey died this yr. Sister in law decided shed make a claim on the property even though mother lived there rent free and no one else made any payments on the property. We eventually pd the morg off. The title deeds are now in my husbands sole name as this was a "joint tenancy with sole survivorship" our sols had his mothers name taken off and have told us the house is ours and theres nother they can do. We supplied copies of the original title deeds, copies of the original conveyancing docs. their sol. has replied saying hes now passed the docs to the Litigation Dept. What is this and what is likely to happen our sol. says there should now be closure to this - thanks Jean

[dzug]

If your sister in law was financially dependent on your mother then she may have a valid claim - not on the property directly, but for reasonable provision from the estate if she didn't receive anything (much) else.

If not, and you've told us everything, then her solicitor is trying it on.

The litigation department is the department in her solicitors that deals in court cases. Nothing special - just a different solicitor in the company.

[mcdonaldclan]

Hi Dzug no she was not dependant in anyway she is just desperate for money wherever she can get it. Why would the Litigation dept need to look at the documents surely the first solicitor in that firm would know there is no chance.

[willkat78]

The House is legally your husbands as the property was joint tenancy with sole survivorships.

The husband sister has no claim to the property as it stands, but if the will has classed the property part of the estate she maybe entitled. If not, the property is just your husband as he is the only survivour on the property.

[themas]

If the ownership was as joint tenants, I don't think the will can class the property as part of the estate. It is simply excluded from the estate so far as the beneficiaries are concerned (although it is included in any inheritance tax calculation).

Unfortunately, if the sister-in-law's solicitor does take Court action you will have to spend money defending the case.