Results 1 to 8 of 8

Thread: Probate House Sale

  • Share
  • Thread Tools
  • Display
  1. #1
    Join Date
    Jun 2017
    Posts
    3
    Mentioned
    0 Post(s)

    Default Probate House Sale

    My mother and father separated about 7 years ago, they didn’t divorce and their house remained in both names. Unfortunately my mother died last December and she left her half of the house to me and my brother. We successfully got probate at the end of January with the aim of selling the house, to which our father agreed – we would sell the house, my father would get half the monies, whilst my brother and I would split the remaining half. The house is now on the market, however my father is now saying he doesn’t want to sell the house and he wishes to move back into the house (he currently lives in a rented property). My brother and I wish to sell, but our father doesn’t – we’re eager to get closure but short of taking costly legal advice were not sure how to proceed with this to get the house sold. Can anyone advise on the best course of action to get the house sold. Thanks.

  2. #2
    Join Date
    Mar 2013
    Posts
    7,444
    Mentioned
    367 Post(s)

    Default Re: Probate House Sale

    Hi and welcome
    Condolences on the passing of your mother.

    When a property is jointly owned but the owners cannot agree to sell, a party can apply to he courts for an order to sell.
    The application is made under The Trusts of Land And Appointments of Trustees Act 1996 but the courts have wide discretion and may not order the sale but may instead,for example,
    order the occupier to pay an occupation rent to the other owner(s).
    @Peridot ?

  3. #3
    Join Date
    Apr 2009
    Posts
    4,923
    Mentioned
    131 Post(s)

    Default Re: Probate House Sale

    usually on death of joint house the partner inherits the property, only on death etc of the 2nd party does it get transferred to 3rd parties// under a trust type , sure @Peridot will explain full to all, a mistake many a children have that it altomatically theirs immediatly? heard from other people similair circumstances.
    Last edited by Amethyst; 12th June 2017 at 09:53:AM.

  4. #4
    Join Date
    Mar 2013
    Posts
    7,444
    Mentioned
    367 Post(s)

    Default Re: Probate House Sale

    As there was a will and the poster's mother left her half of the property to her sons, I assumed the property was owned as tenants in common by the parents.
    This would enable the testator to leave her share to her sons, but without the agreement of all the owners or a court order a sale is impossible.

  5. #5
    Join Date
    May 2016
    Posts
    273
    Mentioned
    76 Post(s)

    Default Re: Probate House Sale

    Hi Verona 1313,
    As Des8 mentioned above, if your mother left her share of the property to you and your brother, I assume that the property was held as Tenants in Common, so the tenancy must have been severed at some point? If the severance did not occur then the property would be held as Joint Tenants which means it will automatically pass to the survivor of the couple, your father in this instance. If that is the case then your mother's half share will not pass to you under the Will. The information can be obtained from HR Land Registry for a fee of £3. You will need to obtain an Official Copy of the Register Entry to confirm this. There will be a restriction listed under the Proprietorship Register if the tenancy has been severed. We can have a look if you are able to post a copy of the information you obtain from HMLR if needs be. Just redact the individuals details before posting.

    In addition with regard to your mother's will, was a right to reside clause in the will allowing your father to remain at the property until certain events happen? If there is then you will not be able to sell the property without his permission. If there is no right to reside clause then you can apply for an Order for Sale from the Court.

    The other option would be for your father to buy your half share from you based on the property value , so the property would then be transferred to his sole name and you and your brother can divide the half share value between you.

    I hope this makes sense do pop back on the forum if you need more clarification.
    I am a fully qualified solicitor employed by the LegalBeagles forum to assist you with a wide range of legal questions. I would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. I do not represent clients off forum. If in doubt seek professional face to face legal advice.

  6. #6
    Join Date
    Jun 2017
    Posts
    3
    Mentioned
    0 Post(s)

    Default Re: Probate House Sale

    Hi all, thanks for your replies. Yes, the tenancy was severed and there was no right to reside clause written into the will. The simple idea was that the property would be sold and the monies split between my father, brother and I. So if my brother and I wish to sell, and my father doesn't because he has ideas about one day moving back into the house (despite moving out 7 years ago to set up home with someone else), would our only option be to apply for an order of sale from the Court?

  7. #7
    Join Date
    May 2016
    Posts
    273
    Mentioned
    76 Post(s)

    Default Re: Probate House Sale

    Hi again,
    Unfortunately to sell the property you will need all the owners to sign the transfer, so that includes your father. I doubt you would have any difficulty obtaining the Order for Sale, bearing in mind he hasn't lived there for the last 7 years. I assume he has another property he lives in? Maybe it would be worth pointing out that if you were successful in getting the order you'd also ask that he be ordered to pay the costs of seeking the order? That would obviously reduce the amount he would get from the sale. Just a thought, or he still has the option to buy you and your brother's share as I mentioned previously? Generally people who are being stick in the muds have a change of heart if they think they will be losing money, so may be worth considering it.
    Get a free half hour with a lawyer to see what the likely cost would be for them to deal with the application. It is something you can do yourselves of course but if your father is going to be difficult it may be less traumatic for you both to hand the job over?
    I am a fully qualified solicitor employed by the LegalBeagles forum to assist you with a wide range of legal questions. I would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. I do not represent clients off forum. If in doubt seek professional face to face legal advice.

  8. #8
    Join Date
    Jun 2017
    Posts
    3
    Mentioned
    0 Post(s)

    Default Re: Probate House Sale

    Yes, he lives in another property, currently renting, so I think he sees it as a free roof over his head as his name is still on the deeds. I'm hoping it won't come to Court Orders but the stick is definitely lodged in that mud! Out of interest, do you know how much would a court order cost? Cheers.

Similar Threads

  1. Force house sale.
    By A R Senal in forum Welcome Forum
    Replies: 5
    : 20th February 2016, 19:16:PM
  2. Intestate - forcing house sale
    By Elshell in forum Wills,Probate and Bereavement
    Replies: 7
    : 30th June 2015, 19:52:PM
  3. House sale after splitting up
    By webster10 in forum Family Law & Relationships
    Replies: 1
    : 21st November 2014, 10:50:AM
  4. welcome stopping my house sale
    By henrib in forum Welcome Finance / Cattles
    Replies: 23
    : 30th April 2014, 10:30:AM
  5. Cabot are applying for sale of house
    By goldfrapp in forum Cabot Financial
    Replies: 13
    : 17th July 2013, 13:22:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP