Ownership of house after someone dies - Joint tenancy?

[skyblue11]

My Mum and Dad has they type of will where when one of them died the ownership would move to me as a joint tenancy. Dad died 3 years ago, I have never actually done anything about this, should I be putting my name on the deeds or would it automatically transfer?

I am a bit out of date having not worked for a few years so somebody may come along with current info, but...
my understanding is that a joint tenancy means that a property is held jointly (for example husband and wife) and if one party dies the whole property then belongs to the survivor and does not form part of the deceased person's estate.

Otherwise, property can be held as 'tenants in common' where each party owns a share and if one party dies their share forms part of their estate and can be left to someone else.

I can't tell from your post whether you were joint owners with your dad and need to have the property transferred into your sole name, or whether the property has been left to you in his will.

Am a little confused. If you held the property jointly with your parents then their share on death would go to you on you. This however would not be dealt with in the will, it would depend on how the property was purchased.
You need to double check this first ownership of the property.

Is your mum still alive?

Yes Mum is still alive, my understanding is they were joint tennants, so if one needed to go into care (thankfully Dad remained in the home he loved) then the other would still have their half of the property and I was a named person that the other half would belong to I think. So I think the idea was I would have at least half a house inheritance rather than none.

It only got me thinking about it as Mum looks like she may need care in the near future and I remembered they set this up years ago so I don't want to be a bit mercenery and say to Mum by the way what's in your will do I need to change the deeds into 'our' names?
Trizelda I think it's the latter one you mentioned tennants in common, would I need to do anything?

According to my SIL, my DB refuses to make a Will, and said their house in "Joint Tenants", which means when he dies his half will automatically go to SIL. So no other Will can change that and his half cannot be left to anyone else.
She is a little unsure, but DB is an intelligent man, and I think this is correct.
So not sure how you could have been left his half?

If they were 'tenants in common' then your dad's share will pass to you if that is what it says in HIS will so presumably you will then be 'tenants in common' with your mum. I think a lot of people try to do this to protect an asset although as I say I am a little out of date.
I would suggest you try and get hold of the deeds or a copy from land registry...this will say 'joint tenants' or 'tenants in common'. Did your dad's estate go through probate? You will probably need to get a solicitor to arrange the transfer of ownership for you.

If the property is in England & Wales and registered then have a read of our online FAQs which relate to what to do when a property owner dies. www.landregistry.gov.uk/public/faqs#death
One or two will apply to your circumstances but it is important to check what is actually recorded on the registered title as well.

Issues around a surviving owner going into care and the impact on or relevance of the legal ownership of the property are not something Land Registry can advise on.

If the property is registered then you can check the register online at www.landregistry.gov.uk/public/faqs/how-can-i-get-a-copy-of-a-title-register-andor-title-plan There is a £3 fee.

If you need to clarify what the register is telling you and/or help with the procedures outlined in the FAQs then you can Contact Us here www.landregistry.gov.uk/contact-us for guidance. Please note that we cannot provide legal/financial advice.

Before deciding whether to transfer ownership I would then seek some legal/financial advice to decide what is best for both you and your Mum

Hi Landregistry, I'm panicking somewhat now.
I purchased a copy of the title registry and their names aren't on there, it looks like a list of the leaseholders, with other addresses on there as well as my parents. Their names are not on there like the example of one I looked at on the website.
What does this mean?

If the property is leasehold, you need to get the leasehold Office COpy Entries, you may have got the Freehold.

Don't panic!

I think people get confused about joint tenants as well. You do not own half the property if you are joint tenants with someone - you both own the whole property together. Therefore if someone dies, the other person still owns the whole property.

This fact will override whatever anyone has put in a will - if one person says that half the house will go to someone if they die, and the house is held jointly with someone - it is not that person's half of house to give away, as the surviving person still owns it!

Pseudonym99

You have confirmed that what my brother said is correct.

MrsBertBibby is most likely correct - often the freehold can be all of the leaseholders (although not all may be listed)
Make sure you are looking at the right register but as mentioned if you are unsure or panicking then Contact Us for help. Whilst we cannot give legal advice we should be able to talk you through the issues and the available information