Home ownership

[oddball]

Hi, This is a bit of a weird question probably, but I'm after some advice please. I bought my house with my father many years ago and we bought it so that if one of us dies the other would take full ownership (can't remember what you call that). Anyhow, he died. I never thought anything of it at the time (several years ago) but should I have changed the deeds or something?

[MIKE770]

who holds the deeds a solicitors if so contact them with death certificate I sure is the way, somebody more knowledge probably as long to advise also Peridot

[james_law]

You bought the house as Joint Tenants and therefore if a party dies then the right of survivorship applies and the remaining person or persons who are Joint tenants receives that persons share.

I'm not sure of the name of the form(s) but you basically would fill it/them in, send it to the land registry along with a death certificate(official copy) and they will update. i.e remove the deceased persons name.

[des8]

So you were joint tenants
On the passing of your father you should have completed a form (https://www.gov.uk/government/public...rietor-djp)and send to Land Registry with a certified copy of the death certificate.
Do it now.

[oddball]

Thank you everybody for your replies, not sure if I have the death certificate as I wasn't the Executor, will have to look. Hope/wouldn't think there was a time limit on doing this eh?

[des8]

Never heard of a time limit!
Death certificate available here: https://www.gov.uk/order-copy-birth-...ge-certificate

[Peridot]

Hi,
MIKE770 thanks for shout. With registered land (most is these days) the old fashioned way of keeping deeds as proof of ownership has become far less common.

All relevant information is now held at HM Land Registry so if a sale, death, change of ownership occurs or other transfer happens then it is usually a case of providing the evidence and completing a form. For example in a sale situation a TR1 form is completed by the conveyancer and sent to HM Land Registry. Where a death occurs where property is held as joint tenants, then as mentioned above the property would pass to the survivors ie the others named on the property register. This still needs evidence so a death certificate and the relevant form needs completing and filing at HM Land Registry.

There isn’t a timescale to do this following a death and is something that sometimes get forgotten, particularly if a grant of probate wasn’t needed or you dealt with the estate yourselves. It is best to get it sorted now though.

If three of you you were named as legal owners then the surviving two named will own the property as joint tenants, once the necessary transfer has been completed. The same happens again if a 2nd owner passses away.

I think all the relevant links are above but if you need more pointers just ask.

As an aside it it may be worth considering whether you wish to stay as joint tenants or whether you should think about becoming tenants in common so each of you could Will your 50% share to whoever you want. It is a very straightforward process to sever your tenancy but you would need to make sure you have wills in place to deal with your respective shares and the survivors rights in respect of staying in the home, when the time comes.

If you need more information do post again.

[oddball]

Hi, sorry the email alert went into my spam folder, and I've only just cleaned it out (been busy). anyhow thank you so much for the info and as Peridot mentioned above, I completely forgot and never thought about it until recently. But you've put my mind at ease now. Many thanks for all your help.

[alicetaylor]

Thanks for sharing this quality information with us. I really enjoyed reading.

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