What happens to property ownership after wife dies?

[Sammy3847632]

My mother who had joint ownership of the family home died a few years ago, leaving my father behind who were still married and living together. Does her ownership of the property go to him on her death, even if she made a will for it to go to her children? Does this cancel out her will to her children having equal share of her part of the property and leave my father with full ownership to do what he pleases with the property on a permanent basis?

[Guest]

From past experience if your Mum left a will leaving the property to your Dad it is his to do as he pleases.

[Hagalout]

Hi, it will depend how they own the property, whether joint Tenants or Tenants in common, I have had experience of a similar situation. I am sure the professionals on here will advise you better.

[Sammy3847632]

From past experience if your Mum left a will leaving the property to your Dad it is his to do as he pleases.

No, she left her part of the ownership of the home to her children (me and my sister). If he was now to sell the house or lose it, what would happen to her part that the children were supposed to get?

[des8]

If your mother and father owned the house as joint tenants, both parties owned the entire property. In practice, this means that while they had an equal interest, when one died their share automatically passed to the surviving owner.

If they owned the house as tenants in common they owned separate shares in the property. They could pass their individual share on through their will as the survivor does not automatically inherit.

[Sammy3847632]

If your mother and father owned the house as joint tenants, both parties owned the entire property. In practice, this means that while they had an equal interest, when one died their share automatically passed to the surviving owner.

If they owned the house as tenants in common they owned separate shares in the property. They could pass their individual share on through their will as the survivor does not automatically inherit.

Thank you Des, I guess the average working class couple, where the man does all the bill paying and the wife is an old fashioned wife, it's highly unlikely that that anything other than 'joint tenancy' was the case? Thus leaving the surviving husband with full ownership and the mother's wishes to 'share' her part, now null and void?

[des8]

Your assumption is more than likely correct.
However have you checked with Land Registry ( cost £3 here Search for property information from HM Land Registry - GOV.UK (www.gov.uk) )

If that doesn't tell you how the property was owned you can contact Land Registry (HMLR Contact Us (landregistry.gov.uk)) and ask them to search historical records. You will need the property title number or address plus the dates you are applying for.
If they have a copy, they will tell you and how to apply for it.


Do I sense a family dispute?
Father remarried and intends to leave the family home to "new" wife/family contrary to original assumption?

[Sammy3847632]

Your assumption is more than likely correct.
However have you checked with Land Registry ( cost £3 here Search for property information from HM Land Registry - GOV.UK (www.gov.uk) )

If that doesn't tell you how the property was owned you can contact Land Registry (HMLR Contact Us (landregistry.gov.uk)) and ask them to search historical records. You will need the property title number or address plus the dates you are applying for.
If they have a copy, they will tell you and how to apply for it.


Do I sense a family dispute?
Father remarried and intends to leave the family home to "new" wife/family contrary to original assumption?

No Des, it's always been my fathers wish for me to have the family home when he passes, since we disowned my sister (horrible circumstances I know, but if you knew what she did, etc etc). I have never discussed the situation of wills and circumstances in detail because I felt ashamed talking about money and death.

So after all these years, we've decided to start putting things in order, beginning with him putting my name on the property. Even till this day, I feel ashamed asking certain direct questions, as it makes me feel like cheap money grabbing letch. Hence why I joined this forum to get some information and prepare myself for when I do go to seek professional advice, I have an iota of a understanding! I appreciate your help, it's given me something tangible to chew on.

[des8]

Be warned that "putting your name on the property" may have unintended implications.

I would suggest a frank and open discussion with your father to begin with,
Then ascertain exactly the position regarding ownership of the property (not what you both think is the position, but its actuality)
Then an evaluation of the rest of your father's estate (bank & saving accounts/shares/pension etc)

Then seek professional advice on how to attain the desired outcome.
Doing your homework first will reduce the amount of (expensive) time spent with the solicitor!

PS addressing these matters does not make you a money grabbing leech! It is only sensible and will probably relieve your father of some of his concerns.