Legal house ownership

[hurkleho]

Hi, I hope someone can help. My aunt is in her late 60s and has lived in the same house since birth. Her father died in 1981, and although she continued to live there the ownership had never been officially changed over to her name. Am I right in thinking that she has legal ownership due to residing there on her own all this time? I hope so, as another family member has been trying to bully her into signing the deeds over to him, and I would like proof that the house is hers to do as she wishes in an effort to stop this harrassment. Many thanks, Julie

[hc4361]

Did her father leave a will?

[redcrx]

so the deeds were in her fathers name?
well surely it will depend on whether he had a will or if not, who would inherit the house. Just because she has lived there since it wouldnt mean that shes automatically entitled to it i wouldnt think

[Zoodor]

Hi. Your aunt should consult a solicitor, but as she has been there 30 years I doubt there is a problem. Did her father leave a will? If so, who were his assets left to? If there are other siblings, they could gave a claim. She needs to get the house registered at the Land Registry in her name as soon as possible. If the house has not been registered before, she will need to take the original title deeds and her father's death certificate to a solicitor for first registration. It will cost some money but it's not that expensive. I hope this helps, good luck.

[ChuckFickens]

Excuse me if I'm wrong here.... but surely to be able to legally sign the deeds over to another person then the aunt must be the legal owner. She wouldn't be able to sign over the ownership of anything she didn't own to start with.

[ummmm]

I might be wrong also...

If she's been a tennant for (I think) 11 years and no rent has been collected then she can claim ownership.

[hurkleho]

Hi, her father didn't leave a will. It was thought that the house would be divided amongst his 4 children. As one of these children has already died and the rest are in later years, my aunt and the remaining family thought it would be fairer to divide the house between the 6 grandchildren,. My cousin (the one whose mum died) is now harrassing my aunt for his mum's share, ie a third of the house as opposed to a 6th. I feel he has no right to harrass her in this manner, and was hoping to find a way of stopping his bullying.

[hurkleho]

Hi, Ummmm, this is exactly what I was thinking of, and would love it if someone were to send me a link proving this

[ummmm]

Well I know for a fact that my Grandad lost a house due to not charging rent.

He also lost acres of land in Ireland....the rules might be different there though.

[237SJ]

Regarding the lady who is living in the house. It was her father? If he died without leaving a will, then under the laws of intestacy, she would be entitled to the house anyway as she is the next of kin. She should go to a solicitor to establish ownership.

[ummmm]

237 - he had 4 children.

The child of the deceased sibling wants his share.

Julie - your answer wasn't there when I replied. The scenario I mentioned wouldn't include relatives who would inherit anyway.

I think legally the house should have been divided between the four children. As one of those children have died...her/his 1/4 would go to his/her children.

Whether they can claim it after this amount of time...I don't know.

[237SJ]

ummm I realised that after I read the question again :-)
I think she need the help of a solicitor though.

[ChuckFickens]

I think this needs someone like barmaid or jenna, but it sounds like a nightmare!

[ummmm]

Certainly does...

[sandyRoe]

There's a concept called 'adverse possession'. If you're in a property for long enough it becomes yours.
There was a tenant of Lambeth council who lived in a house that the council 'forgot' they owned. After a number of years he registered it as his own.

[society]

Can't wait to see the outcome of this house. Hurk, please post updates as things work out...

[hurkleho]

Hi, thanks for your help everybody, adverse possession is exactly the thing I was thinking of. I already advised my aunt to get the house signed over to her name, which is now in process. I told her that she can then leave to house to the local hospice, should she so choose! I know that this is deeply upsetting for her, and want the bullying to stop so that she can live out her days in her own house in peace. Thanks again, everybody.

[wolf63]

I know I'm slow but can I ask if the house is 'owned' or if your aunt/uncle 'rented' the property ?

[themas]

I doubt whether the Land Registry will agree to register the aunt as the owner without some proof that she is, in fact, the owner. From what you say, I don't think that is necessarily the case. The father's estate should have been divided under whatever the intestacy rules were when he died - probably, as already said, it would go equally to the 4 children.

I think the only possible way of rebutting a claim by any of the other 3 children (or their descendants) would be if the adverse possession rules applied. It is possible that they might do so, but the correct procedure needs to be followed - which includes notifying all the other people who might have a claim.

I do not think she can possibly hope to do this properly without using a solicitor who is knowledgeable about property law.

[oracle39]

When I had to register a property change of ownership after my sister in law died I had to send the grant of probate.