Probate - house tenants in common

[Debkit69]

I bought my ex authority council house with my mothers discount, she lived in it until 2013 when she passed away, it wasnt till the will reading and solicitors that i realised she had changed us being joint proprietors to tenants in common and had left her 40% to my siblings but as i am paying the mortgage im allowed to live in it for as long as i want but if i sell i have to pay them their 40% which then doesnt leave me enough to buy my bungalow as my wife is disabled, is their anyway out of this mess please?

[Kati]

Re: Probate - house tenants in common

tagging [MENTION=85500]Peridot[/MENTION] [MENTION=141]enaid[/MENTION] [MENTION=39710]des8[/MENTION] ??

[des8]

Re: Probate - house tenants in common

Hi and welcome.

My immediate thoughts revolve around comng to some form of agreement with your siblings, but that of course depends on their individual situations and on how well you get along.

If they can't obtain their 40% share unless you agree to sell, they might be prepared to accept a lower percentage to encourage you.

Failing that did your mother leave you anything in her will?
If she didn't, was this contrary to your expectations?
If the grant of probate has only been obtained in the past six months you might be able to bring a claim under the Inheritance (provision for family and dependants) Act 1975, but that would't be certain.

Wait and see what others have to say

[Debkit69]

Re: Probate - house tenants in common

Hi, thank you, i owned 50% and mother left me in the will 10% along with my 4 other siblings and also i could live in the house as long as i wanted too so if i decided to stay here they wouldnt get anything anyway, the trouble is my wife has serious spinal disease and really needs a bungalow, my siblings are aware of this but still want their share so i cant afford a decent bungalow

[des8]

Re: Probate - house tenants in common

I just wonder about the exact position.

When the house was purchased from the council was there a deposit required? if so what %age of purchase price and who paid it?
What discount did your mother get?
Was the balance paid by mortgage which you paid?
What sort of agreement did you have with your mother regarding the mortgage (I don't suppose it was written), but t would have ended on her passing?
Perhaps when your mother changed the basis of ownership to tenants in common she should not have apportioned it 50/50
Has the mortgage continue to be paid by you?

Did the will leave your siblings their share of the property at its value when she died, or when it is sold?
If their share is its value on sale at a future date, I wonder what effect, if any, your continuing payment of the mortgage has on that and are they paying their share of maintenance costs?

As you want to purchase a bungalow, I suppose there is no way your house can be adapted to meet your wife's needs?


I'm afraid I don't have any answers. I'm just highlighting areas where there might be room for negotiating and others might pick up on this and start a discussion.
Being Sunday it might be a little while before others post, so hang on .

[Debkit69]

Re: Probate - house tenants in common

Hi, no deposit required, mother got the highest percentage available which i believe was about 60%, the mortgage is in my name alone now and ive got about 18 months left to pay, no written agreement in regards to me paying the mortgage but that was the deal, she got the discount and i paid for it, we didnt sign a declaration of trust and i continue to pay the mortgage, their share is based on valuation when she died as in inheritance tax form, none of them have paid anything towards mortgage or maintenance, my sister who was the other executor was meant to go on the mortgage but she wouldnt so nothing else was ever done, the house could be adapted but we would have to borrow money plus my two sisters live 1 house away and still think of the house as mothers so it would be good to get away, many thanks for all your help

[Debkit69]

Re: Probate - house tenants in common

How can she legally have left 50% in her will when iim still paying for it so legally it belongs to mortgage company??

[des8]

Re: Probate - house tenants in common

The argument will be that your mother provided 60% of the purchase price by way of the discount she obtained.
You provided the 40% balance by way of a mortgage.

The property doesn't actually "belong" to the building society. It belongs to you.
You raised a loan, using the property as security.

Has the transfer of ownership of your mother's share been registered with Land Registry?
If it has the agreement of the building society would have been required.

[Debkit69]

Re: Probate - house tenants in common

Hi, the land registry is still in mine and her name

[des8]

Re: Probate - house tenants in common

Who is/are the named executor/s, and has probate been applied for/granted?

[Debkit69]

Re: Probate - house tenants in common

Myself and my oldest sister are executors and probate has been granted

[des8]

Re: Probate - house tenants in common

When your mother changed the ownership from joint tenancy to tenancy in common did she
1) register the change at land registry?
2)obtain your consent to the change or
3) notify you of the change (served a notice of severance)?

Your first post makes me wonder if the status was actually changed.

[Debkit69]

Re: Probate - house tenants in common

Yes it was added as a rescriction to the land registry but she never asked or notified me of the change of joint proprieters to tenants in common, i never gave my permission or signed anything, i didnt know anything about all this untill she died and the will was read, many thanks

[Peridot]

Re: Probate - house tenants in common

Hi Debkit69,
If your mother's Will gives you a right to reside at the property (in her 50% share effectively), is there no wording that allows that property to be sold and any new property held on similar terms? It would be helpful to know what the Will clause actually states.

Will the Council not assist with adaptations that are needed to the property? From the sounds of it you would prefer to sell the property in any event but this then means that you would need to raise the 40% value of the property to divide that amount between your siblings.

Is there no way of raising the sum needed?

When your mother 'purchased' her council property and prior to her severing the tenancy I assume the property was held as Joint Tenants, so would have passed to the survivor of you. Did your mother have any other assets that could be utilised to 'pay' your siblings their share at this point?

If you could let me know the wording of the clause and whether there were any other assets that could be utilised at this stage.

[Debkit69]

Re: Probate - house tenants in common

Hi, ive got photos of the will but im not sure how to post them