Anyone a Family Law solicitor? It's all a bit of a mess.....

[DeMaz]

Oh god! We're in a bit of a pickle and just wanted some advise on how to proceed....

My parents bought their house about 40 years ago and both names were on the deeds. The house was paid off years ago.

I had a strict upbringing and my father was incredibly controlling and a bit of a bully to my mother, brother, sister and myself. The arrangement with my parents during their marriage was that my father would work to save for their future and pensions and my mum would work and pay for shopping, bills etc. However, my dad wasn't saving in a bank. He saved and hid it all in the attic thus no proof of earnings, avoiding tax etc. You name it, he did it!

About 8 years ago my parents divorced and after a very, very messy break up and situation, which included court, my father was told to leave the marital house until my younger sister had finished university. Once she was finished my mum would sell the house (or remortgage) and give my father 40% of the value of the house (this is what was agreed in court). My mum was livid as he would be taking a big chunk of the house AND his money ( which my mum couldn't prove in court) l
By this point nobody was speaking to my father.

Fast forward to about 4 years ago, just as my mum was in the process of changing the deeds of the house into to her sole name, she was diagnosed with a horrid illness and died 6 months later. She basically went to hospital and never came back out so all was left in limbo!

My father hearing of her illness, shows up and stayed with my mum till the end of life. We also began talking again and brought us a bit closer. He seemed to have changed too.

The problem we have is that my sister is living in the house still (she's 24) but with the deeds unchanged she is feeling a bit insecure. We are worried that our dad can claim the whole house (which he probably can). We don't want that to happen. My mum fixed up the house after all my dads hoarding of tools and shite and we feel that she worked her arse off for that house and don't want him anywhere near it. He won't change the deeds either.

I guess we're worried because he has met someone half his age and from conversations we've had, it's evident that they are thinking of having a child together!

My father treated my mum and us like shit so we want to keep something that meant so much to my mum.

What do we do?

Thanks so much for reading.

Your mum's 60% will pass in accordance with her will. Your dad will be entitled to his 40%

I'm not a solicitor but was there a consent order settling the finances on divorce?

just as my mum was in the process of changing the deeds of the house into to her sole name

Do you know whether this was ever done? Do you know whether they held it as joint tenants or tenants in common?

You can check online on the Land Registry website (Property Search). If you need help deciphering the result one of us on this board can help.

Thanks so much for replying.

To answer your questions, my mother never made a will which is why we are in this messy situation. All details in terms of the property are with my mums solicitor. The last conversation I had with her was that she wanted the deeds to the house. Unfortunately, for some bizzare reason, the deeds are with the lender and I can't get them unless my dad sends a signed letter requesting them, which he won't do.

The land registry shows that my parents were joint tenants.

I do have to see my mums solicitor and get things moving but i know it will really kick off with my dad. He'll get nasty and then throw my sister out and claim the house!

Not sure how we're going to solve this mess.

Oh dear. Normally with a joint tenancy, when one person dies, the other joint tenant automatically inherits that person's share. It sounds, therefore, as though your father now owns all of the house.

What should have happened within a few months of the court order is that the house should have been transferred into your mum's sole name but with a charge against it in your father's name for his percentage. A charge is just like a mortgage.

If your mum's solicitors didn't deal with that and presuming that the failure to deal with that was their responsibility, ie she didn't sack them or fail to do what they asked in terms of signing documents etc then you and your siblings may well have a claim for negligence against the solicitors.

I'm advising in the dark really, though, you need to go and see a solicitor who has experience in contested probate but also meet with a family lawyer.

Mumbles: from the OP it appears there was a meshed order. That should serve to sever the joint tenancy, as it altered their respective beneficial interests. I would still say that mum's 60% passes with her estate to her beneficiaries.

Thanks very much for replying. I believe it was a mesher order that was in place. However, now my mother has passed and with no will, we're in a bit of a sticky situation. Also, I believe the solicitors were waiting on my mother to request the deeds from the lender. She died before she could do that. Time for a visit to the legal brains, I think.

Thanks so much for all your input. Very much appreciated!