3 Quizzes, Closing Date 30 November 2024
Quizzes & Puzzles2 mins ago
House Ownership
Hi, my mother owns Half the house and I own the other half. It's in joint names. My mum died recently. She had made no will either.
Do I have the right to tell my 2 siblings to leave and find their own place to live, if I choose to, as the rows are becoming intolerable.
They're both in their 30's and don't own any of the house nor are their names in the house deeds. Or can they claim part ownership through being the children of my mother.
Many thanks.
Do I have the right to tell my 2 siblings to leave and find their own place to live, if I choose to, as the rows are becoming intolerable.
They're both in their 30's and don't own any of the house nor are their names in the house deeds. Or can they claim part ownership through being the children of my mother.
Many thanks.
Answers
1 to 17 of 17
As Cloverjo states, there are two different ways of jointly owning a property. If you've not got a copy of the title register you can download one for £3 from the Land Registry (assuming that you're in England or Wales): https://
02:17 Thu 01st Jan 2015
It depends whether you are 'joint tenants' or 'tenants in common'. If you were the former, the house passes to you. If the latter, your mum's share passes to her heirs. As she made no will, the laws of intestacy come in, so it is likely that your siblings would inherit.
I'm sorry for your loss. It's tough to cope with grief and worries like this.
I'm sorry for your loss. It's tough to cope with grief and worries like this.
As Cloverjo states, there are two different ways of jointly owning a property. If you've not got a copy of the title register you can download one for £3 from the Land Registry (assuming that you're in England or Wales):
https:/
If the title register shows that you were 'joint tenants' then it was your partnership that owned the property and, as the surviving partner, you now own the property in its entirety. (Even if your mother had written a will, she couldn't have left her share of the house to anyone, as she never owned a share in her own right).
If the title register shows that you were 'tenants in common' then you and your mother each owned half of the property. If your mother had written a will she would have been free to leave her half to whomever she chose, irrespective of any family ties. (She could have left it to your local dogs' home if she'd wanted to). As she didn't write a will, the laws of intestacy apply and each of you three siblings receive one third of her share. (So you now own two thirds of it and each of your siblings owns one sixth).
If your mother left no significant estate (other than the house) you probably don't need to apply for 'letters of administration' (to enable you to distribute the estate) if you were 'joint tenants'. You simply need to fill in a Land Registry form, so that the title register is amended to show you as the sole owner.
However if you were 'tenants in common' you probably need to apply for letter of administration in order to transfer the one sixth shares to your siblings. (Contact your local Probate Office).
To return to your original question:
If you now own the house outright you can throw your siblings out unless they've acquird tenants' rights through paying you rent. (Even then, any such rights are likely to be very limited as, if they share the accommodation with you, they're effectively only 'lodgers').
If you only own two thirds of the house, one or both of your siblings can insist that you buy out their share of the property or, if you refuse, seek a court order to force its sale (so that they can get their share in cash).
https:/
If the title register shows that you were 'joint tenants' then it was your partnership that owned the property and, as the surviving partner, you now own the property in its entirety. (Even if your mother had written a will, she couldn't have left her share of the house to anyone, as she never owned a share in her own right).
If the title register shows that you were 'tenants in common' then you and your mother each owned half of the property. If your mother had written a will she would have been free to leave her half to whomever she chose, irrespective of any family ties. (She could have left it to your local dogs' home if she'd wanted to). As she didn't write a will, the laws of intestacy apply and each of you three siblings receive one third of her share. (So you now own two thirds of it and each of your siblings owns one sixth).
If your mother left no significant estate (other than the house) you probably don't need to apply for 'letters of administration' (to enable you to distribute the estate) if you were 'joint tenants'. You simply need to fill in a Land Registry form, so that the title register is amended to show you as the sole owner.
However if you were 'tenants in common' you probably need to apply for letter of administration in order to transfer the one sixth shares to your siblings. (Contact your local Probate Office).
To return to your original question:
If you now own the house outright you can throw your siblings out unless they've acquird tenants' rights through paying you rent. (Even then, any such rights are likely to be very limited as, if they share the accommodation with you, they're effectively only 'lodgers').
If you only own two thirds of the house, one or both of your siblings can insist that you buy out their share of the property or, if you refuse, seek a court order to force its sale (so that they can get their share in cash).
Well that's a brilliant answer from Chris, lacking in one important detail - it doesn't actually say how to tell which of the ownership methods is applied from reading the wording in the LR title register.
If you are registered as tenants in common, wording similar to the following will appear in the restrictions section "no disposition by a sole proprietor of the registered estate shall occur without the order from a Court".
No such wording appears under joint tenancy.
Basically, that wording stops you selling or taking full ownership of the house.
If you are registered as tenants in common, wording similar to the following will appear in the restrictions section "no disposition by a sole proprietor of the registered estate shall occur without the order from a Court".
No such wording appears under joint tenancy.
Basically, that wording stops you selling or taking full ownership of the house.
its your house (even if they are to inherit the other half).....and as non-tenants, you have the right to change the locks and kick them out when you want. obviously, if you do this and they are entitled to any of the house then expect some legal action. but you can kick them out, especially if they pay no rent or have a tenancy agreement. technically they will be lodgers and they have little or no rights to stay.
Assuming you have no other siblings and the tenancy ownership is a 50/50 split the situation is that you and your siblings now own a third each of your mother's half.
Assuming their is no mortgage and the equity is £120,000
You own £60,000 and have inherited £20,000 giving you £80,000 of the equity
Your siblings own £20,000 each. By far the easiest thing to do is to buy them out of their shares and they leave the house. If you can't afford to do that you could consider selling the house and dividing the equity as explained.
They are entitled to their shares of the equity.
You haven't given us any details of your current arrangements. Have your siblings always lived in the family home? Do they pay rent or bills or contribute in any way?
Assuming their is no mortgage and the equity is £120,000
You own £60,000 and have inherited £20,000 giving you £80,000 of the equity
Your siblings own £20,000 each. By far the easiest thing to do is to buy them out of their shares and they leave the house. If you can't afford to do that you could consider selling the house and dividing the equity as explained.
They are entitled to their shares of the equity.
You haven't given us any details of your current arrangements. Have your siblings always lived in the family home? Do they pay rent or bills or contribute in any way?
Yes, ramming home hc's point, you will now own two-thirds and each of your siblings will own one sixth each (if the tenants-in-common split was 50/50 - and this would be the typical arrangement).
I do not agree that it is a good strategy to ask your siblings to move out, but I saw no point challenging lcg's assertion whilst the issue of what ownership was hanging outstanding. Now it is known, it is a dumb idea (in my view) as it is likely to antagonise them. Having an ownership right does not necessarily translate into a right to occupy but, given you say that rows are occurring, I would imagine you want to encourage them to leave to find their own place.
Unfortunately, in doing that, you are likely to have to buy out their one-sixth each share, and that is a case of negotiation.
It is difficult to envisage how you are going to do this without employing some professional legal advice here, as most people don't know anyway how to transact the transfer with the Land Registry. A solicitor would be able to advise you about the money side too.
The 'stick' you have is that they should be paying out some form of monthly rent to stay there, to account for the new scenario where you own four times the proportion of the property as each of them - but in the short term that is perhaps not brought out in the open. It becomes part of the negotiation.
I do not agree that it is a good strategy to ask your siblings to move out, but I saw no point challenging lcg's assertion whilst the issue of what ownership was hanging outstanding. Now it is known, it is a dumb idea (in my view) as it is likely to antagonise them. Having an ownership right does not necessarily translate into a right to occupy but, given you say that rows are occurring, I would imagine you want to encourage them to leave to find their own place.
Unfortunately, in doing that, you are likely to have to buy out their one-sixth each share, and that is a case of negotiation.
It is difficult to envisage how you are going to do this without employing some professional legal advice here, as most people don't know anyway how to transact the transfer with the Land Registry. A solicitor would be able to advise you about the money side too.
The 'stick' you have is that they should be paying out some form of monthly rent to stay there, to account for the new scenario where you own four times the proportion of the property as each of them - but in the short term that is perhaps not brought out in the open. It becomes part of the negotiation.
Having been thro this myself,
all one sibling has to say is - no I dont agree: no I dont agree: no I dont agree
to whatever solution is suggested and a judge if you take it to court
will say - oh sod it sell by auction and divide the money in the standard fashion in this case - a xixth, a sixth and two-thirds as above....
[ in my own family's case it is now recognised that this course of action ( forced sale 25 y ago ) was regrettable but at the time the forcer thought it was the cleverest thing they had ever done in their life ] Good Luck
all one sibling has to say is - no I dont agree: no I dont agree: no I dont agree
to whatever solution is suggested and a judge if you take it to court
will say - oh sod it sell by auction and divide the money in the standard fashion in this case - a xixth, a sixth and two-thirds as above....
[ in my own family's case it is now recognised that this course of action ( forced sale 25 y ago ) was regrettable but at the time the forcer thought it was the cleverest thing they had ever done in their life ] Good Luck
Paying your siblings over a period of time is messy but I understand why you are considering this.
It is messy because it needs tying down properly legally.
One way to do it is that they agree now to transfer their shares to you and this is transacted at the Land Registry. So on the title document, you would appear as the sole proprietor. You then have a separate legal agreement to pay them an agreed amount for a set period, and at the end, you have completed the payments. However because you could (in theory) default on your payments, they are unlikely to agree to this unless they have a legal charge, registered against the property. This is the same as a mortgage company obtains when one takes out a mortgage.
The other way to do it is that they maintain their one sixth ownership until you have made all the payments. Then they sign their shares away using an LR transfer form. The difficulty for you here, is what happens if they refuse to do this at the end?
You might want to consider taking a mortgage from a 'normal' provider, and not your siblings, if you meet the lending criteria. Borrowing from family is fraught with potential traps.
Don't kick them out until this is sorted.
It is messy because it needs tying down properly legally.
One way to do it is that they agree now to transfer their shares to you and this is transacted at the Land Registry. So on the title document, you would appear as the sole proprietor. You then have a separate legal agreement to pay them an agreed amount for a set period, and at the end, you have completed the payments. However because you could (in theory) default on your payments, they are unlikely to agree to this unless they have a legal charge, registered against the property. This is the same as a mortgage company obtains when one takes out a mortgage.
The other way to do it is that they maintain their one sixth ownership until you have made all the payments. Then they sign their shares away using an LR transfer form. The difficulty for you here, is what happens if they refuse to do this at the end?
You might want to consider taking a mortgage from a 'normal' provider, and not your siblings, if you meet the lending criteria. Borrowing from family is fraught with potential traps.
Don't kick them out until this is sorted.
I echo (again) buildersmate advice. Get the house properly valued by 3 estate agents and take the average as the value. This will cost you nothing.
Apply to banks and building societies for a mortgage. When this is confirmed you are in a position to move forward.
You still haven't explained the current situation. Do your siblings contribute to the upkeep of the house and/or pay rent/lodgings? Have you discussed the situation with them? Are they prepared to move out? I assume they are both over 18.
Apply to banks and building societies for a mortgage. When this is confirmed you are in a position to move forward.
You still haven't explained the current situation. Do your siblings contribute to the upkeep of the house and/or pay rent/lodgings? Have you discussed the situation with them? Are they prepared to move out? I assume they are both over 18.
Thanks for all the responses.
I'm going abroad shortly & will make my mind up once I'm back. In response to hc, my siblings (brother and sister) are in their 30's. They currently live here with me. She's always lived here apart from a 2 year period when she married and moved out. Marriage is now over and she moved back. He's been living here for the last 5 years. They both contribute financially to the running of the home, every month. They don't have lodger status, they live here. I haven't discussed anything with them yet, as I wanted to know what my options are. When I'm back off my hols I'll tell them that I want to buy their shares, through a legally set up payment plan, but they will have to leave immediately. If they refuse I will call the police and get them removed.
Many thanks.
I'm going abroad shortly & will make my mind up once I'm back. In response to hc, my siblings (brother and sister) are in their 30's. They currently live here with me. She's always lived here apart from a 2 year period when she married and moved out. Marriage is now over and she moved back. He's been living here for the last 5 years. They both contribute financially to the running of the home, every month. They don't have lodger status, they live here. I haven't discussed anything with them yet, as I wanted to know what my options are. When I'm back off my hols I'll tell them that I want to buy their shares, through a legally set up payment plan, but they will have to leave immediately. If they refuse I will call the police and get them removed.
Many thanks.
If you do that be aware they can apply to the court for an order for sale - and they will likely get it as the court will say they need the money to set up a new home, unless you intend to pay them both the full amount within a few months.
The police won't just turn up and evict them at your request, either. They have a legitimate ownership of shares in the house and even if they were squatters it is not that easy to evict people.
You need to talk to your siblings and take a less gung ho approach. They may well have a licence to occupy even if they didn't have shares in the equity and although that doesn't give many rights it does mean they have to be given 28 days notice to quit and even then you have to apply to the court if they refuse to leave.
You really must get a solicitor. The change of ownership will have to be registered before you can even buy them out and this must show the per centages of ownership.
The police won't just turn up and evict them at your request, either. They have a legitimate ownership of shares in the house and even if they were squatters it is not that easy to evict people.
You need to talk to your siblings and take a less gung ho approach. They may well have a licence to occupy even if they didn't have shares in the equity and although that doesn't give many rights it does mean they have to be given 28 days notice to quit and even then you have to apply to the court if they refuse to leave.
You really must get a solicitor. The change of ownership will have to be registered before you can even buy them out and this must show the per centages of ownership.
Seriously I can't believe what I've just read......your brother and sister live with you in a house they partly own, they contribute to the household finances and have lived there a number of years. You are going to chuck them out by 'calling the Police' despite the fact they have no where to go. Good Luck in that one -they have every right to stay in their home and can I suggest a more sympathetic approach or it may be you losing your home if they insist they want to buy you out.
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