Deeds, tenants in common, no will

[Ellieboolou27]

My mum and dad lived together and dad (controlling and abusive for many years) would not re marry mum as they divorced back in 1979.

Mum took him back and lived in the house my dad brought in the early 90's. It was mums house originally and they brought under right to buy (ex LA) with Dad putting his name on the deeds.

Mum died and did not leave a will but has a legal document stating she is a tenant in common.

Where does this leave my brother and me?
Any help would be greatly appreciated.

With no will the intestacy rules apply so your mothers share of the property is distributed according to this www.gov.uk/inherits-someone-dies-without-will

Sorry should have explained a tenant in common means she owns a proportion of the property as laid out in a deed of trust or noted at the land registry. If no such document sets out the proportion she will be deemed to have 50 per cent.

@Jon65 that's helpful thank you, I think I will need to find out what the deeds state, would I apply for copies via land registry? Thanks again for taking the time to advise.

Is your df still alive?

@Singlenotsingle yes, he is living in the house he shared with my mum.

There is no relevance as to whether the ex husband is alive as they were divorced. You can see the land registry entries online for 3 pound here. www.gov.uk/search-property-information-land-registry Just search on the address.

I mean no relevance for intestacy purposes.

@Jon65 I've just ordered a copy, thank you so much, I've been looking online to find the correct way for days, many thanks

Yes, if they were tenants in common then your mother’s share of the house passes to you and your brother. Good luck OP because this is probably going to get very nasty.

If they ere divorced and house was tenants in common, her share goes to next of kin - children- if no will via intestency rules. You can look it all up but think you've just inherited half a house you and your sibling! Who is doing probate application? Get some individual legal advice, a solicitor is well worth the investment here.

@RandomNameChange415 not necessarily. Op may be quite content to inherit the share of the property with her father living there and may not wish to realise the capital at this stage, many people don't.

Possibly, but the father’s personality sounds like there may be trouble even so.

It's going to be difficult as although I love my dad (I think) I don't like him, he was financially and emotionally controlling with mum and used to be physically violent when I was in my teens. Mum would not have wanted to start a family war, she stayed with him as she felt sorry for him.

On the other hand my brother and I now hold some power and will see if we can use it wisely. Got a emailed copy of deeds and mum is listed.
Thank you all for the help. I'd rather have my beautiful brave mum back and no amount of money could change that.

Legally if they now own a share in property- need to check probate and that it's been properly declared- and it was tenants in common, unless there was a caveat/stipend in some way, the parties (intestency, in their situ is likely to be her children first), that own 50% can charge rent on their half or force a sale, if they can persuade a judge. It would be a douche move, but it might be a legal one. Hence - solicitor.

No one on MN can give individual legal advice other than generic how it might be seen in law if certain things 'are given' and not complex or covered by some other document.
But really at this point OP needs to talk to a solicitor herself, she and her brother can share costs, as it'd be helpful for them to get clear advice.

I suspect the reality is op that you wouldn't turf your dad out nor charge him rent, and you'd make sure your inheritance for you and DB was included in Probate correctly. I cannot impress enough to you that you ought get solicitors advice and ensure probate is done properly.

@WillLokireturn thank you for the advise, I wouldn't force dad out, despite everything he is still my dad and I just want to make sure we all know where we stand legally.

I will speak to my brother and dad and get a solicitor.
Thanks for taking time time to advice.

You now need to make a will if you have not already done one. Does the amount of your mum’s estate mean Inheritance Tax is payable? Hopefully not.

Might be worth asking him to pay rent eg he could pay you 3% of the capital sum eg house worth £200k he pays 3% of £100k which si a reasonable interest rate on £100k. However if he sells now or buys you out you may avoid capital gains tax perhaps when it is sold at a profit later so as people say best to take some legal advice now. Or perhaps you could move a lodger into one of the rooms and keep the rent from that person as that also asserts your ight and keeps your nasty father on his toes in what is not now his own 100% home.

I have a feeling he will make things difficult, the house needs doing up desperately, mum lived with me 3 days a week to have my kids and she hated going home as the house was such a state, it's actually worth around 650K due to the area it's in, but the whole lot needs gutting.

I definitely need a will sorted for me and husband. When dad and I registered mums death the registrar asked her marital status, dad said married and I said divorced which they are! When we came out he said he didn't want to start a family war.