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Property in joint owned house

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  • Property in joint owned house

    My mother is 84, in a home and of the belief that she won't be around too long. She has a will that leaves everything 50/50 to me and my sister. Sadly, in recent months, my sister has made it clear she thinks everything should go to her, as she has kids to pass on to and I don't. My mother was discussing this yesterday and how she thinks my sister will want to raid our house for everything she can, when I am not there.

    The house where I have always lived is owned my mother and me as joint tenants, so would not form part of the estate, as it would pass to me upon her passing. but my question regards the contents of the house - Particularly things like furniture, appliances, white goods, audio/video equipment etc... Some was bought by me and some by my mother. I am not sure how this works. Do they class as jointly owned, in the same way as the house, thus passing to me or would they form part of the estate?

    There are certain things that we have always verbally agreed would go to my sister, which I would never dream of stopping, but I am concerned that I am going to be left with a half empty house, furniture gone, TV gone etc.

  • #2
    In the absence of reason for a difference (agreement etc), what is bought belongs to the person paying for it.

    How you stop your sister doing what you suggest is primarily a practical one. Best might be to talk to her at length to agree what she should take and in satisfaction of what.

    How sure are you that the property is held in joint names?

    Comment


    • #3
      100% This was done a few years ago, after my sister told my mother she expected me out of the house when she passes, so that she could sell it and have the money. My mother was upset about this, as it has always been my home and, until then, the intention was for us to get half each. As my sister already has two houses, my mother decided to have the house put in both names as joint tennants.

      Discussing the contents with my sister is an issue. Both my mother and I are sure she will say one thing and do another, just taking whatever she can get, once my mother passes.

      You have answered my question though, as it seems we do not have joint ownership of what is in the house, so if things do go straightforward and the will executed, the furnature and white goods (Initially bought by my parents) would not become mine with the house.

      I guess the problem will come with not being able to show who bought what. Even things that I bought, I'm sure will be contested

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      • #4
        Just make sure that you have new locks with absolute security so that she cannot obtain access.

        Comment


        • #5
          Yes, change the locks now or you will end up in the situation I found myself, everything pinched even stuff left to me in a Will. The Police will do nothing so sort it out now.

          Comment


          • #6
            That's a tough call. At present, the house is still my mum's, just as much as mine. She wants my sister to have a key, too be able to get things to take to her in the home she is in. The house is still full of her things.

            It would be a case of changing the locks as soon as she passes, but tbh, when that happens, my mind might not be on such things

            Comment


            • #7
              Take lots of photographs of the contents so that you can prove what was there. Make sure the camera has a date on the images, but change the locks as soon as appropriate.

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              • #8
                Consider installing a safe for smaller high value items.
                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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