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Probate

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  • Probate

    My father has passed away he remarried having two boys. I have a brother and sister and there is me from his first marriage. The women he married used her right to buy and purchased their family home.they divorced some years later and my father stayed in the house and brought the boys up.as a kind of parting gesture the women signed over the house to the three of them and left to pursue a new life.* On the land registry it shows the two boys and my father(deceased) were the owners. The boys have told us thier is a legal notice on the divorce papers stating that in his death the house is to be passed to the two boys.does this sound legal?
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  • #2
    How was the house owned? as joint tenants or tenants in common/
    the land registry title will tell you,
    If there is a restriction registered in section B Proprietorship Register they are tenants in common.

    If tenants in common each person owns a proportion of the property and can bequeath to another.
    If joint tenants the property automatically passes by survivorship to the other owners.

    Interesting to see if the divorce agreement does contain such a notice and if it was registered at land registry

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