of kin inherit half of the house?
2006-12-12 00:50:52 · 10 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
I'm assuming this property is in England or Wales. If so, it depends whether he owned the house as joint tenants or tenants in common with his partner. If it's held as Joint Tenants, then the house passes to his partner entirely.
Tenants in common own property in seperate defined shares. You may be able to check with the Land Registry whether there is a joint proprietorship Restriction in the Proprietorship Register. If there is, then your brother's share of the house will pass to his next of kin ( spouse, child, parent, siblings of the whole blood). His partner may be able to make a claim as a dependent under the Inheritance ( Provision for Family and Dependents) Act 1975.
You really need to consult a solicitor.
2006-12-12 01:09:34 · answer #1 · answered by Cherrypie007 1 · 1⤊ 0⤋
To the person having a go at Bonzo- we don't know the circumstances here- the sibling isn't even the next of kin unless there's no parents or children so who's to say he's trying to get his hands on his money?! He may not not necessarily feel the need to elaborate about his grief on a YA question!
Anyway, to actually answer the question, as someone said before the deeds probably were written so that the partner owns the whole house now, why not speak to him/her?
2006-12-12 01:06:41 · answer #2 · answered by - 5 · 0⤊ 0⤋
Pull a copy of the deed at the courthouse and look at the language conveying the property to your brother and his partner. If it has "right of survivorship" language, then the property automatically goes to the partner. If it does not then the property passes by the law of the state to his next of kin. You have to look at the law of the State on this, but usually the wife and kids would split the interest in some percentage. You also need to look at any agreements that your brother had with his partner pertaining to this property. He may have some rights regarding buying the property contained in the agreement which he could enforce through the probate process.
2006-12-12 01:03:09 · answer #3 · answered by spirus40 4 · 0⤊ 0⤋
Firstly, sorry to hear of your loss.
Are you in the UK? If so, it will depend upon how the 'tenancy' of the house is held. I know it sounds odd to say tenancy when he owned it but it's the phrase that's used. If they were what's called joint tenants, they are both wholly entitled to the property and something called a rule of survivorship applies. This means that the property will automatically go to his partner as the other joint tenant regardless of any will to the contrary. The partner can then dispose of the property as he/she wishes, or carry on living there or whatever.
If they were tenants-in-common, then a proportion of the house and any increase in its value since they purchased it belonged to your brother, usually an amount which is in proportion to what he put into it when it was purchased, ie if he put in half the money then he would be entitled to half the value. No rule of survivorship exists in this instance so your brother could will his share to whoever he wanted to and that person could then take over his rights to the same extent as he had whilst he was alive. If he has died without making a will, this could be quite messy as anyone who was a direct relative could claim an entitlement, as could anyone who was dependent upon him in some way as well as his partner.
It is best to find out how the tenancy was held and then you will know what entitlements you have, if any. If it turns out that you or your mum or whoever has a share because it was a tenancy-in-common, I would recommend that you seek legal advice to put your share in a will or some form of trust to ensure that your share has some protection and goes to the person that you want it to when the time comes.
2006-12-12 01:03:27 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Jacg & Cherrypie have got it spot on.
The interesting thing is the legal term "tenants" when they probably own the freehold.
It really does depend on the exact ownership. I know that my ex-wife and I are still owners of a property as "joint tenants" which means that I cannot Will my share away on my death (i.e. she automatically becomes the sole owner), but if we were "tenants in common" then I could; which would leave the odd result that she would either have to live with the fact of another co-owner or raise money to buy out any inheritor if my will directed that my share was to be paid in cash.
As with many of my other answers, I will use the phrase "Seek proper professional advice in this matter".
2006-12-12 02:12:51 · answer #5 · answered by Billybean 7 · 0⤊ 0⤋
That really depends on the type of deed. Some deed have survivorship provision that if one dies, his share will go to the surviving party. If they were living together, I suspect that was probably the case for if it weren't, his share will go to you and you and his partner may disagree with what to do with the house.
2006-12-12 00:56:05 · answer #6 · answered by spot 5 · 0⤊ 0⤋
Well, you sound like a very nice person. I don't hear 'My brother has died and I'm very upset', but 'My brother has died and I'm wondering if I can get my hands on any money'. I hope you don't. If his partner's name is on the deeds of the house that must mean she was contributing too. The law gives partners more rights now than ever before so you will have a battle on your hands, and if there IS any money it will all disappear in legal costs believe me. Forget it.
2006-12-12 00:59:14 · answer #7 · answered by Sandee 5 · 1⤊ 2⤋
It depends on how the deed was written. Joint tenancy? Tenants In Common? See a Real estate lawyer and take the deed and will with you.
2006-12-12 00:53:56 · answer #8 · answered by Anonymous · 1⤊ 0⤋
The house belong to the partner.
2006-12-12 01:03:10 · answer #9 · answered by Nina 2 · 0⤊ 1⤋
I am sorry to hear of your bereavement. He has died "intestate", consult a lawyer or if in UK the local Citizens Advice Bureau if you prefer.
2006-12-13 21:46:26 · answer #10 · answered by Anonymous · 0⤊ 0⤋