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Topic:
How to claim my interest in a property not registered to me? (6 Posts)
Started By:
Date:
02 February, 2017 09:35PM
How to claim my interest in a property not registered to me?
jazzjazz - 02 February, 2017 09:35PM
My parents have been married since 1968, they brought the current marital home in 1976. Between 1969 – 1979 they has 6 children, my mother worked full time before 1969 then part time until approximately 1984 when she again resumed full time until 2000. My father has worked since 1968 on a full time basis until 1990.

When the property was purchased in 1976 it was and still is in my father’s sole name. My father now has suggested that he is free to do whatever he likes with the property without my mother’s views taken into consideration. Recently my father was diagnosed with an incurable disease and has a life expectancy of 2-5 years.

My father has always been very secretive about his financial affairs and refuses to tell my mother details of his will. For example he has disposed of assets abroad without discussing the details with my mother nor has he told her what he has done with the proceeds of the sales. Due to this my mother wants to take this case to the court with a view to gaining a share of the property.

What legislations / sections are relevant and what forms must be submitted? I understand that Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 and section 37 of the matrimonial proceedings act 1970 are applicable, is there anything else that is more appropriate? Considering that the case is NOT part of a divorce, there is very limited information available on the internet.

They are still married and have continuously lived together since 1968 in the same material home.

Our finances are very limited hence we will be representing the case
Re: How to claim my interest in a property not registered to me?
davidterry - 03 February, 2017 12:20PM
As it happens her interest is protected simply by living in the property. She has what is called an 'overriding interest'. However, she can, if she wishes, also register a Matrimonial Homes Act notice against the property. The effect of that would be that your father could not sell or remortgage the property without her signature. That is also the case in principle with an overriding interest but your mother may feel reassured by having the formality of a Matrimonial Homes Act notice.
Re: How to claim my interest in a property not registered to me?
jazzjazz - 03 February, 2017 02:07PM
Thanks for your reply

When my father does pass away his will be read. Challenging the will and trying to legally claim part or full property at this stage will be lengthy and distressing for the family

Is there no option (outside of divorce) to challenge my fathers ownership position while he is alive, also allowing him to put his case forward.

He has already declined to voluntarily put my mother on as a legal owner, therefore my mother is considered for her security to claim and occupy her home

Does anyone know of any similar cases that may have been heard in court?
Re: How to claim my interest in a property not registered to me?
davidterry - 03 February, 2017 02:46PM
>>Is there no option (outside of divorce) to challenge my fathers ownership position while he is alive,

No. The house is in his sole name. Period. People cannot be compelled to transfer title of property in their sole name except under recognised legal procedures such as divorce or compulsory purchase.

Your father does not have to act for your convenience or, indeed, for the convenience of his wife if he does not wish to do so. Indeed, he may, if he wishes, want to leave by will the house to his surviving spouse for life and thereafter to a cats' home or the Communist Party.
Re: How to claim my interest in a property not registered to me?
jazzjazz - 08 February, 2017 10:32PM
hello and thank you for your reply. can you advise can my mother not ask the court to make an order to under The Trusts of Land and Appointment of Trustees Act 1996 (ToLATA). this recent legislation does I believe this does allow an application to be made to the courts to decide the nature and extent of the ownership.

please see
[www.slatergordon.co.uk]

please advise on your thoughts and how one would make an application under this route. many thanks
Re: How to claim my interest in a property not registered to me?
davidterry - 09 February, 2017 11:41AM
No. I have given you my opinion. You are free to ignore it and/or seek another opinion. If you embark upon the course of action you seem to intend then I dare say you will find out in due course who was right.
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