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Can someone be removed from the deeds of a house?

(4 Posts)
wearymum73 Sat 21-May-16 21:48:44

MY parents were divorced around twenty years ago but they never finalised their assets and they have a property that my brother has been managing for them, the property was mortgage free. My brother now wants to sell the house. My mother will not discuss the house and has not agreed to sell it, I had thought that he was trying to force a sale through and then split the money between my two parents but recently discovered he is trying to get her name removed from the deeds and am concerned that she will not get her half of the money if she continues to ignore it.

My mum left my dad and we had no contact with her for fifteen years until I found her through a private company. I am now the only one with contact with my mum and I am worried about her loosing her house but she will not talk about it. Does any one know if it is possible my bro can get her name off the deeds and could he potentially put all the money in his account and not my dads as he is already talking about taking some money back from the sale for managing it.

I am very worried about causing a family feud and my brother will not really discuss any of the current legal case with me. I know my mum has been summoned to court but did not turn up and has been ignoring the letters my bro solicitor has been sending her.

my dad is getting benefits and living in a council house and is worried that when his house sale goes through he would loose his council house and is therefore likely to transfer all the money back to my brothers account. This is also worrying as ultimately the remainder should be equally divided as it is our inheritance. Does anyone have any suggestions as it seems very complex and I can see that my brother could end up with everything and both my parents with nothing!

And as far as I am aware neither of my parents currently has a will, If one parent died before any sale what would happen as currently both names are on the deeds or if my mum was removed from the deeds and my dad died without a will what would would happen then?

So can you sell a house if your name is not on the deeds?
Can you remove someone from the deeds?
Can you accept monies from a house sale if your name is not on the deeds?

Sorry long winded I know and very complicated but any thoughts would be massively appreciated.

Spickle Sat 21-May-16 23:40:38

No you cannot sell a house if your name is not on the deeds, unless you were authorised to do so because you had power of attorney or were an executor and you would need to provide evidence to support this. If the house is in your mum and dad's name then they would both have to agree to sell it and both would need to sign the contract and transfer.

yes you can remove someone from the deeds - it's called a Transfer of Equity however all parties need to be consulted and sign legal documents plus get advice from a solicitor. Your mother cannot be removed from the deeds without her knowledge and agreement.

Monies would have to be paid into the owner's account - not a third party though once the owner had the money it is then theirs to do what they like with it.

Sounds like your mother needs to get some advice - perhaps a 30 minute free chat with a solicitor.

Familylawsolicitor Wed 25-May-16 08:43:54

The court can make an order for sale if she doesn't engage with the court proceedings. It would take several court hearings and attempts to engage your mum and get her to participate in the proceedings. As court proceedings have been issued and a hearing has taken place already she MUST stop sticking her head in the sand or the house could be sold without her knowledge. She should see a solicitor urgently.
If they were divorced without sorting finances out the court could be doing this under financial proceedings pursuant to divorce, or if uour brother is claiming he is a beneficial owner under the Trusts of Land and Appointment of Trustees Act. How the proceeds of sale are divided will depend on what information is given to the court and what they are claiming but if your mum wants to have any say in this she should take part in the proceedings. However I wonder if she is in fact happy for your dad and brother to keep the house and it's proceeds and this is more about your inheritance?

user1463231665 Thu 26-May-16 22:25:33

There is a service a homeowner without a mortgage can get free of charge with the Land Registry which ensures they are notified if anyone tries to make changes. I did it when I paid off my loan. You can do it on line.

Secondly if your parents want the house to come to you and your brother it would be sensible to put it into joint names with the two of you rather than the parents if both parents agree.

"If one parent died before any sale what would happen as currently both names are on the deeds or if my mum was removed from the deeds and my dad died without a will what would would happen then?"
Your mother needs to "sever the joint tenancy". This is free and you just do a filing at the Land Registry. If she does that then if she dies her half does not automatically go to your father. If she does not do that then it will if she dies first.http://www.landregistryservices.com/samples/england_and_wales/eng_notice_of_severance.pdf

It is possible they already own as tenants in common but unlikely.
They both should really make wills too.

Who lives in the house? As your brother manages it does that mean it's let out and where does the rent go?

Your parents probably should divorce to tidy things up. I assume they are still married. If they die whilst married even if the house is tenants in common and without a will:

"The husband, wife or civil partner keeps all the assets (including property), up to £250,000, and all the personal possessions, whatever their value.

The remainder of the estate will be shared as follows:

the husband, wife or civil partner gets an absolute interest in half of the remainder
the other half is then divided equally between the surviving children

If a son or daughter (or other child where the deceased had a parental role) has already died, their children will inherit in their place."

It would be better if they severed the joint tenancy, got a divorce and sold the house splitting the proceeds 50/50 between them or indeed both agreeing to pay the proceeds to you and your brother equally if both parents can afford not having their money now.

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