whos house?

[lotsafun]

right we have a little of a family dispute going on here so im hoping someone can shed some light on this. If someones name is on the deeds of a house but it is being left to someone else in a will then legally whos house is it? basically my nan wants to leave her home to my cousin when she dies and has stated this in her will but its my dads and nans house. His name is on the deeds.

[ummmm]

How was the house purchased?

[lotsafun]

im not sure for definate. From what ive heard, the house was given to my nan by her mother. Back in the 70's-80's its need refurb so it was remortgaged but as my nan wasnt employed and my father was the only one of her children who was he had it on his name. Not sure how it works out exactly but 3 years ago it was all finally paid and they went to collect deeds from council. On the deed were my nans name and my dads name. Originally as said by some reletives the house was going to go to my father on my nans passing but her will now says its to go to my cousin. But my nan who has dementia has now apparently stated that she wants my uncle to have it. They tried to get the will changed but was refused on the grounds tht my nan is not of sane mind so to speak and none of the family were told of this.

[ummmm]

If your Dad has paid a mortgage on the house and the deeds are in his name I don't think her will will make a difference. He legally owns a share in that house.

I'm sure someone will come in with a more substantial answer.

[Buenchico]

If both names are on the deeds it's important that the type of joint ownership is established.

If the title register shows that your father and grandmother are 'tenants in common' they each own a share of the house. (Unless specified otherwise in the deeds, that will be 50%). Upon your grandmother's death (assuming, of course, that your father doesn't die first) her half will go to the beneficiary named in her will. (i.e. your cousin). The other half will still belong to your father, since nobody can bequeath anything in their will which they don't actually own.

If, as is possibly more likely, the title register shows that your grandmother and your father are 'joint tenants' then neither of them owns a share of the house. It's their legal partnership which owns the whole house. When one of the partners dies the surviving partner AUTOMATICALLY owns the whole of the house. i.e. when your grandmother dies your father will become the sole owner of the property. Anything in your grandmother's will relating to the disposal of the house will be totally invalid. As explained above, she doesn't own a share of the house, so she can't leave any part of the house to anyone.

You can consult the title register for the house, to find out which type of joint ownership applies, for a fee of £4 here:
https://www.landregis...ortal/Property_Search

Chris

[lotsafun]

thank you chris that has been very helpful indeed. :-)

[helplessone]

if she owns the house along with your dad then she can only give in her will something she owns and that would be her share of the house. If your dad's name is jointly on the deeds with your nan she can't dispose his share of he house without his say so.