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Title register and death of proprietor - is this normal?

7 replies

Jn791 · 02/02/2025 21:52

A few years ago my father died intestate. He and my mother were still married at the time of his death.

My father bought the house in 1989 and was the sole proprietor. They were married at the time but she didn't financially contribute to the purchase.

I looked at the title register and under proprietorship there's only one entry, dated 1989, with my mother as the sole proprietor. No record of my father's name anywhere.

Is it normal for this to happen? I was expecting to see a new entry, not the original 1989 entry but with different details. I'm in England if that makes any difference.

OP posts:
OOOtil2025 · 02/02/2025 22:18

The register reflects the ownership at the time the property was purchased. Is it possible he did this for some kind of tax reasons? Was he self employed maybe and wanted to minimise risk by putting property into your mums name? If she’s showing as the proprietor she is the owner.

PotaytoPotahhto · 02/02/2025 22:23

I think it does happen when the surviving spouse transfers everything to their name. A family friend ordered the title register for his late brother’s home and was surprised to see only his sister in laws name on there with details on when it was purchased in the 90s.

I then ordered the original transfer deed from the Land Registry and it showed it was bought in both their names. Presumably, once he died and she sorted everything out, his name was removed from the title register, showing only her name.

Edit: just realised you say he was sole proprietor. Are you sure it wasn’t joint? If it was sole I wonder if there’s some marital rule that applied.

Jn791 · 02/02/2025 22:39

I'm sure it wasn't joint. Could the original deeds have been 'lost' perhaps?

I've only looked at the summary title register so far, I think for the full register I need to send off a form and some money so I'll look into that tomorrow.

I wasn't told anything after he died so I don't know what's what. I wasn't even told when the funeral was. I've ordered a copy of the letter of administration from the gov website but I'm still waiting to receive it. I should have done all this sooner but when he died I was a total wreck, and still am to an extent.

OP posts:
onwards2025 · 02/02/2025 22:47

What's your reason for looking into it - if married and his assets transferred via marriage on his death than there may have been an assent of the property into wife's name. That would be very normal. Wife can then deal with it in any way she wishes to:

As others have said, the registered proprietor is the legal owner. The title register and any documents mentioned on it is the "title deeds", often only the title register and nothing else.

OOOtil2025 · 02/02/2025 22:50

The register shows in brackets when that particular entry was updated. So if it says (25.01.2025) owner Mrs S bloggs then it must have been in joint names and the death cert has been provided to update the register. If the date in brackets is much earlier then that’s when the entry was added (possibly first registration of the property - back in the eighties some properties may still have been unregistered which means they were owned but the original hard copy title deeds proved this).

If the property was transferred in your dad’s passing then then the ownership date would show when this was transferred and wouldn’t quote 1989.

Gently, is it possible he may have been confused when he told you it was in his sole name?

If you need more help you can pm me if you like. Or if you ask the probate solicitor they will be able to advise.

OOOtil2025 · 02/02/2025 22:52

I just wanted to add that I understand how difficult it is sorting out an estate when a parent passes too - I’ve been there and it’s upsetting and difficult. 💐

Jn791 · 02/02/2025 23:12

if married and his assets transferred via marriage on his death than there may have been an assent of the property into wife's name. That would be very normal.

@onwards2025 I know an assent of property is normal. That wasn't what I was asking.

Thank you @OOOtil2025. There aren't any brackets or other dates, all it says is:

Entry number
1
Entry date
1989-09-02 PROPRIETOR: [Mother's name and house address]

I don't know who the probate solicitor was unfortunately. I think I'll send you a quick PM, thank you.

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