I Have Been Left 50% Share In A Tenants In Common House.

my father died and left me his half share of his house to me. My brother owns the other half as tenants in common. What can I do without involving solicitors, as I need to get my share of the house transferred into my name?

5 Answers

If your brother is on the deeds with your father then he is is the sole legal owner and hold the property on trust for himself and for you. What would normally happen is that the house would be sold and the proceeds split but if you both agree then your brother can sign a transfer from his name into your joint names which can be registered at Land Registry

Thank you for your reply. Are you referring to joint ownership? My brother only owned half of the house and my father's 50% share was given to me in his will. (tenants in common). My brother lived with my father in my fathers house. My father gave 50% to my brother a few years before he died, to safeguard my invalid brother, so he could not be forced to leave. This is how the solicitor drew the will up! It stated that when dad died I owned dad's share of the house. I do not want to sell my share but I need to have my name on the deeds in order for me to hand this over to my son when I finally die. Hopefully I want to avoid using a solicitor and think perhaps a form is all I need to fill in.

When two or more people own a property as tenants in common, it is actually only equitable title (the right to the proceeds of sale) that they hold as tenants in common. The legal title can only ever be held as joint tenants (see s36(2) Law of Property Act 1925). What this means is that when your father died, your brother became the sole legal owner but, as your father's share of the equity passed to you, your brother now hold the property on trust for himself and you, so he has a duty to transfer into your joint names (or sell it and split the proceeds). So your brother will need to sign a form TR1, you will be both need to have form ID1 completed by a solicitor and you will need to register the TR1 at Land Registry using form AP1. If your brother does not have mental capacity however then you will need to apply to the Court of Protection to appoint a Deputy to act on his behalf

Thank you so much. This information is very helpful for me.

Me and my partner had a mortgage in joint names we were not married and when my partner passed away the mortgage was transferred into my name. The house is now paid for in full and when I came to sell my house the buyers solicitor came across a name who has a caution registered on the title absolute which I was not aware of wouldn't they have needed my signature as well as my partner to be able to do this. They have been registered on the title deeds since 2001. What does this mean and what can I do about it ? I would greatly appreciate your advice
Jasmin mendes