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Transferring partial ownership of a property

5 replies

Namey32 · 07/05/2020 21:04

Help needed please, I have tried searching the internet for the answer but I can't find the right info for the circumstances and any conveyancing/probate help would be appreciated.

Property previously owned as tenants in common (50/50) by husband and wife.
Husband passed away leaving his share of the property to his children is equal shares.
Wife is still living.
I need to update the title, but I can't figure out which form to use Confused as the wife is still living and it's not a whole transfer.

Thanks!

OP posts:
Collaborate · 08/05/2020 08:35

Who are you in all of this? An executor? Have you got probate? Have you considered the possibility of a claim by the wife under the Inheritance Act?

You really need to put your hand in pocket and shell out to instruct a conveyancing solicitor.

Namey32 · 08/05/2020 08:48

A joint executor along with the wife (my mum). Yes, we have probate.

There's no animosity between us and no potential claims against the estate, just thought we needed to update the title as her husband is no longer living but unsure how to go about doing it.

Most things transferred by survivorship, except the house was held as TIC not JT.

OP posts:
CheshireSplat · 08/05/2020 09:00

I'm not a property lawyer so you can't rely on this but the TR1 guidance tells about joint ownership and death. www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property it might be irrelevant, I haven't looked into it very far!

HeadOfTheCongaLine · 08/05/2020 12:13

There was a similar thread on here a few weeks ago, if you search back you might see it.

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