Prevent Step Mother selling property without my knowledge

[Denmar]

My Father recently passed away leaving his wife (my Step Mother) living in the house they both owned.
My Dad told me years ago that he had left me 50% of the house in his will.
My Step Mother and I are estranged now but is there anything I can do to prevent her or her children selling the property without my knowledge, obviously for many reasons I do not trust them not to do this.

[Denmar]

Forgot to say I am the only biological child of my Dad.

[wales01man]

Did your father leave a will?

[des8]

How did they own the house, as joint tenants or tenants in common?
Check on Land Registry (cost £3) here: https://www.gov.uk/search-property-i...-land-registry

[Denmar]

I believe he did but can’t get access to see it until it goes through probate, have asked her for a copy but nothing yet! Doubt she will though! Just checked and they are joint owners. I have heard that I can put a caveat on the title deeds to state that the property can’t be sold without informing me but I don’t know how to do it, I will however need to get hold of a copy of his will first I assume?

[ostell]

Joint tenants or tenants in common?

[Denmar]

Doesn’t say what type ! just that tits registered to both of them!

[des8]

If they were joint tenants, legal ownership is vested completely in both, which means that when one dies the other automatically becomes sole owner. It is not possible for the testator to leave any part of the property to anyone else.

If they were tenants in common, however , the testator can leave his share of the property to another.

So again were they joint tenants or tenants in common?
I'm afraid "joint owners" is not specific enough!

[Denmar]

That’s all it says on the document- Registered Owners followed by Dads name and then his wife followed by the address. So the land registry information does not include the information you are asking.

[Denmar]

But he told me a few years back that when anything happened to his wife I was to get 50% of the house sale and her three children get the other 50% I presume their will states this but I don’t particularly trust her not to change this, so as I said if they won’t give me a copy of his will I guess I’ll have to wait for probate to go through when his will becomes a public document. But thank you for replying.

[des8]

If the property is held as tenants in common there will be, on Section B of the Proprietorship Register of Land Registry title register a wording such as: "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court".

If that wording is not there, then almost certainly the property was held as joint tenants.
That means that whatever his will states regarding the property won't have effect.
If they had mirror wills, there is nothing to prevent his wife rewriting hers.

If the house was held as joint tenants, and your father owned no other property, nor stocks and shares, it is possible probate will not be required.

[Denmar]

So basically what you are saying is I cannot do anything? If he said that I and my step brothers and sister are beneficiaries when both of them have died, then I'm assuming they must be tenants in common but I don't know for sure.

[des8]

Post 11 says how to see how the property was held. Why assume?

Land Registry files can be seen here https://www.gov.uk/search-property-i...-land-registry (cost £3)

[Denmar]

I’ve tried that and it doesn’t say what type of ownership they had!! But if what you say is right what happens when she dies? As for my assumption I meant because she has put her 3 children as beneficiaries for her 50%

[des8]

The Land Registry files don't actually say how the property is owned, but if it was owned as tenants in common it would state in Sec B of the Proprietorship Register : "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court".

If that wording is not present, then they owned it as joint tenants.