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bythewayer · Joined: 03 Nov 2006 Posts: 3 Location: u.k.

A house is purchased, and at the solicitors suggestion, under a tenancy in common arrangement, 50%/50% mother/son division (without a trust deed ) is used, when the buyer and his late mother, joint purchasers) really wanted it under joint tenancy as indicated by joint buyers signature on enquiry form(original of which held by buyers solicitor) -copy held by surviving buyer

The buyer didnt understand, as his solicitor didn't explain, that if he came to sell the house afterwards as the sole surviving buyer he would only own half the house, and could not sell it as a sole proprietor there being a resrtrictive covenant stating this on the Title Deeds.

What, if anything can the sole surviving buyer do to regain the property which he considers as rightly his in line with the joint buyers original intention, before being led astray by his solicitor) ?
Unfortunately no will was left by the buyer's mother and for reasons which I can explain no letters of administration process took place and several years have elapsed since the buyer first really became aware of the seriousness of the issue, and that the property was only 50% his.

Unfortunately the surviving buyer took no action earlier, as very busy over several years and unsure what to do in this case.

He doesn't know if his solicitor has /had a duty to explain fully about meaning and implications of tenancy in common in which case , problem would have been avoided, and he would own his property, and not just half of it .
I know its a bit of a tangle but would be grateful for an authoritative answer. or even for anyone's constructive /useful opinion.
Further details available if necessary.

confused · Joined: 11 Feb 2007 Posts: 3 Location: lONDON

If the property is held as tenants in common this means that legally the remaining party will be holding the other persons share on trust. if you wanted to sell the house you could have some one appointed as a trustee to give a reciept for the deceased share of the property. appointing a trustee is not difficult and if you speak to a solicitor with some experience they will be able to do this.

As regards transferring the propertry into your sole name, this can be done by supplying the Land Registry with a Death Certificate for your mum. They will then remove your mother's name but the restriction in the title deed will remain.

You may need to apply to the Court for probate and then have the restrictions removed. Again details of how to rermove the restriction can be found on the Land Registry website.

Hope this help's Smile

thescruff · Moderator Joined: 03 May 2003 Posts: 4249 Location: Bath

Would one benefit from their tax responsibility's with such an arrangement

bythewayer · Joined: 03 Nov 2006 Posts: 3 Location: u.k.

Many thanks for your reply/advice.
I will consider your advice and reply later, but with some more details.