Property ownership
- Thread starter Nodrog69
- Start date
If the property is jointly owned as joint tenants your father's share will pass to your uncle.
If it is jointly owned as tenants in common your father's share will be inherited according to the laws of intestacy as will any solely owned assets irrespective of how property is owned.
If it is jointly owned as tenants in common your father's share will be inherited according to the laws of intestacy as will any solely owned assets irrespective of how property is owned.
Assuming you are sole beneficiary under laws of intestacy, no siblings, when your father dies you will either own the whole property or own it jointly with your uncle depending on how your father and uncle currently own it.
The type of ownership will be recorded in the documents transferring the property from your grandparents, if you are unable to locate these it can be found on the title register held by the land registry.
You can obtain a copy of the entry yourself or ask a solicitor.
www.gov.uk
If, and only if, the property is held as tenants in common there will be a restriction
Section B
RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Registrar or the court.
The type of ownership will be recorded in the documents transferring the property from your grandparents, if you are unable to locate these it can be found on the title register held by the land registry.
You can obtain a copy of the entry yourself or ask a solicitor.
Search for land and property information
Find a property and get its title plan, title register and see who owns it
If, and only if, the property is held as tenants in common there will be a restriction
Section B
RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Registrar or the court.
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If you are thinking about your inheritance on the death of your father bear in mind that if he has little other assets and has to go into residential care the local authority will ask for the property to be sold and the proceeds used to pay for care.
Your uncle may well agree to the sale as he will be converting half a house into cash, even if he does not agree the LA could try and force a sale.
Your half share would then be spent on care fees until it runs out or your father dies whichever comes first.
Your uncle may well agree to the sale as he will be converting half a house into cash, even if he does not agree the LA could try and force a sale.
Your half share would then be spent on care fees until it runs out or your father dies whichever comes first.
Also bear in mind that as your father has dementia he may not have the capacity to gift his share of the property to you now and, even if he could, it would be considered Deprivation of Assets and if he required moving into the care home, the Local Authority may refuse to pay the care home bills.
