No Divorce

[DEEJAYEMM]

My father left my mother over 25 years ago and has never paid maintenence or any of the mortgage (which has just been paid off) since then. She has never got divorced for religous reasons. She is now 82 and quite ill. In the event of her death will he be entitled to all/part of the property as it is still in joint names.

 

I look forward to your advice.

 

Edited April 5, 2011 by DEEJAYEMM
More detail

[spamheed]

You/Your mother needs to see a solicitor on this matter as the name on the deeds may well overrule any will written by your mother (she cannot bequeath what she doesn't directly own)

[Ganymede]

He will own 50% unless you can prove otherwise.

[summerbreeze]

If the house is owned in your mother and fathers names as " joint tenants " as the vast majority of houses are then I believe he will own 100% of it if your mother dies.

If they are " tenants in common " then he will own 50% and your mother can leave her 50% to whomever she wishes on her death.

 

Joint tenancy

Under this agreement the joint owners together own the whole property and do not have a particular share in it. If one of the owners dies the other automatically becomes the sole owner. This would be the case even if a will had been made leaving the deceased owner's ‘share' to someone other than the co-owner.

Tenancy in common

This is the opposite of joint tenancy in that the tenants in common each have a definite share in the property. For example A and B could own the property in equal shares, or A could own one fifth with B owning four fifths. This would be the most appropriate agreement where people want to own a property in separate pre-determined shares.

Under this form of ownership if one of the owners dies, his share of the property will pass on to whoever he specifies in a will, or if a will is not made, in accordance with the rules of intestacy (someone dying without leaving a will). If you are planning to make a will (and it would be wise to do so) you should have it drawn up before you sign the transfer deed that passes the legal ownership of the property to you. This way you will save the time, money and inconvenience of having to change your will

[DEEJAYEMM]

Thankyou for your advice