heritable property

[scorpiones]

mum and dad died mums brother lives in house their is no will. land registry states mum and dad bought house and mortgage with halifax, how can we find out if we have a right to sell this property. mums brother states he paid mortgage how can i find out if this is the case. mums brother moved out 6mths ago property empty. any info would be helpful.

[dzug2]

At present you don't have a right to sell the property - the executors of the owners' estate do.

That may well be you - but you have to establish your right first by applying to the probate office for Letters of Administration.

If you are in Scotland (the use of the term heritable property suggests you are) the words are slightly different but the principles are the same.

Halifax should be ablr to tell you if the mortgage was/is being paid - though maybe not by who.

[chas2008]

the mortgage needs to have the brothers name on it and i believe the mortgage company insists on all names on the deeds if it was purchased 2or 3 ways..
Unless he can prove he had the mortgage in his name (not necessarily paid it) with the fact he has moved out i would of thought he was on dodgy ground.
Only way to resolve this is with a solicitor....A.S.A.P;
Dont take second hand advice or listen to heresay, been there done that...cost me a lot of money, leave it to the professionals.

[woofgang]

If he states that he paid the mortgage, it is up to him to prove it, with paperwork. If he just gave your parents money then that doesn't mean that he owns the house.

[Old_Geezer]

Seems to me it all hinges on ownership. If it formed part of the estate my understanding is that it would be shared between next of kin. http://www.direct.gov...eparation/dg_10029799 give more info. In many ways ity is good it is now empty. Best of luck coming to an amicable agreement.