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Trying to prove mums ownership of my dads house, advice needed

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  • Trying to prove mums ownership of my dads house, advice needed

    Hi, I really need some advice, am not sure what kind of solicitor I need to find.
    basically, my dad died and tried fighting that my deceased mum owned half of the house but it didn’t get anywhere.
    18 months later and his house has been sold and almost completed and his solicitor rang me to say they found something (didn’t say what) and could I get info from my mums divorce absolute.
    I searched and found a court order from the divorce which states m mum was tenant in common of equal share which I emailed his solicitor. She has not responded apart from saying they are waiting for info from the land registry.
    When he first died I got a copy of the title deed and mums name was on it, now has gone but there is a restriction in section B which when researching is connected to tenant in common.
    do I wait for this solicitor of his to get back to me or do I need to get advice now have this court order ?
    I really don’t know what to do. Thank you
    Tags: None

  • #2
    Who is shown as the registered proprietor? What is the wording of the restriction?

    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      So when my dad died I downloaded the title deed and my mum was on it with dad even though had been divorced for 24 years. After his death his solicitor did the title my mums name does not appear the title deed at all now.
      there is this restriction note though.
      it seems that “something” has flagged up only when the house has been sold and the buyers solicitors have found something that dads solicitor never RESTRICTION: No disposition by a sole proprietor or the registered estate (except a trust corporation) under which capital money arises is to be
      registered unless authorized by an order of the court’.


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      • #4
        It’s almost exact wording of the restriction, I googled it so could copy and paste , just the last few words are slightly different

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        • #5
          Originally posted by atticus View Post
          Who is shown as the registered proprietor? What is the wording of the restriction?
          the answer to q1?
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Just my dad is shown as the proprietor now

            Comment


            • #7
              While you have been sitting there, HMLR have been changing the registers. You act on the latest version of the register - the one showing your father as sole reigestered prorietor. That is subject to any restriction registered. Your version of the restriction looks incomplete.

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