Can I claim ownership of the property?

[Mumm1263728]

Hi, I’m currently living in a property owned by my father. My mum and dad divorced when I was let’s say 7. Legally my mum got to keep the house and had to pay the mortgage payments but the home was in my dad’s name. My mum died when I was 18 and we paid off the rest of the mortgage with her working pension. Me and my 2 sisters remained in the house rent and mortgage free as it was paid off. The house remained in my dads name as he said we where too young and incase one of us fell into debt and lost the house. I’m now 31 living in the home alone with my daughter and I’m wanting to know where I legally stand with the house. It as always been implied that the home is mine and my sisters and that ownership will be in my dads will and he is reluctant to us selling the house or putting the home into mine and my sisters names even now we’re in our 30’s. My father hasn’t been vacant in this home since he left when I was 6. I know squatters have rights to a property when the owner hasn’t been vacant for so long so where do me and my sisters stand? We’re on the council tax also and my dad isn’t and hasn’t been since he left. We also don’t have a close relationship with my father and are very estranged. I can’t trust that we will inherit this property as I barely know him and he also left my mum for another woman and basically abandoned us and didn’t pay child maintenance leaving us to grow up in poverty. I want me and my sisters to be protected as it was our mums money that paid the mortgage since he left and up until she died. I don’t want this property to be pulled under our feet and we could also benefit at our age having the money towards homes for ourselves.

You need to start by finding the legal agreement (financial settlement) from when your parents divorced.

If your Mum was supposed to become the legal owner as part of the agreement this should have been recorded with Land Registry.

Legally if your Dad is on the Land Register with no restrictions he is the legal owner.

You need Legal advice to resolve this.

I know squatters have rights to a property when the owner hasn’t been vacant for so long so where do me and my sisters stand?

Squatters' rights only apply where someone is occupying property without the owner's consent, which is not the situation in your case. Even if you were occupying the property without his consent, it is very difficult to claim possession of registered land.

As the previous poster says, you need to find the financial settlement from the divorce and see a solicitor.

I understand you'd prefer this house on yours and your sister's name but legally it belongs to your Dad. If your Dad has not remarried you will be next of kin, and inherit after his death. If you live there rent free I'd not upset the apple cart. How does your sister benefit? Do you pay her some money each month?

Was it just that your mum never changed the deeds to her name, she may not have realised what she had to do? As others have said you need to check the divorce settlement if he relinquished the house and she then paid the mortgage it may be the house was hers and should have been part of her estate. Talk to a lawyer.

Why should OP pay her sister money? The house doesn't belong to either of them. If I were you OP I'd have saved the money I would be paying in rent towards a deposit on my own house. Not too late to start doing that now.plus if you do inherit the house from your Dad, if you want to continue living there you'd need to be able to pay your sisters 2/3 of its value so would need to raise a mortgage for that

I believe that you can pay a small fee to access the land registry & confirm who the legal owner of the property is. Anyone can apply, the land registry is open to the public.

First of all you need proper legal advice. Book an appointment with a solicitor. They will first need to be clear who is the registered owner and will get a copy of the title deeds from the Land Registry. From there a course of action can be considered. You asked about claiming ownership through squatters rights, otherwise known as adverse possession. You are not squatters and are living there with the permission and knowledge of your father. A restriction on the title would give notice to anyone trying to deal with the property ie sell or mortgage and give you a chance to prove a beneficial interest. At this time your father can die but intestate ie no will and the estate would be distributed between his next of him. If he is remarried this would be his wife(marriage revokes a will) If not then his children. If you do not inherit you may be able to claim you are a dependent as you have been housed rent free via your father. He may have a will though and he can leave his estate including any house to whomever he wants.