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Tenants In Common

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Plumpie | 06:24 Thu 04th Oct 2018 | Law
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My partner has died we own the house together I was under the impression I could live in my home till I died as long as I didn't cohabit or marry anyone else the executors are saying I should pay for the other half of the house or sell it can they do this

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um people are answering the questions that were not asked It is obvious that you didnt marry it is also obvious there is a will and that his half of the house was was left elsewhere it cant have been joint or the executors would not be throwing their weight around and so we are left with - common ownership with one half left to someone else Financial times reviews...
07:34 Thu 04th Oct 2018
Very sorry for your loss.
It looks like the executors are correct. Unless your husband left his share of the house to you in his will, his share now belongs to his estate.

https://estate.findlaw.com/planning-an-estate/whats-the-difference-between-joint-tenants-with-survivorship-and-.html
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You say partner, so assuming you were not married. If your partner left a Will they could have either bequeathed their half to you, or if a third party they would have had to stipulate that you had the right to live there for life. Often there would be conditions as you would have to maintain it at your cost during this period.
If there was no Will it would automatically be inherited in accordance with intestacy law.
https://www.heir-tight-wills.co.uk/wp-content/uploads/2017/01/Rules-of-Intestacy-1-Oct-2014.pdf
It is possible to have a joint tenancy without being married.
Guilbert - not true. If the ownership was "Tenants in Common" the partner's share of the house would be distributed according to the will. Only in the case of dying intestate would the wife inherit where a partner would not.
um people are answering the questions that were not asked
It is obvious that you didnt marry
it is also obvious there is a will
and that his half of the house was was left elsewhere

it cant have been joint or the executors would not be throwing their weight around

and so we are left with - common ownership with one half left to someone else

Financial times reviews this this week !
They can ask a court to order a sale unless you make a decent market offer for the portion to be sold - if it is sold then you obviously get half

You could offer to pay a market rent ( half) but I think the lucky heirs are keen to get their hands on their money

sorry - a lesson to us all
( and yeah reader I married my partner to stop this happening - happening a second time in my family)

sorry abvout this and sorry about your loss that has caused all this
Question Author
Thank you everyone for your input your views were very helpful
I would take advice. You may have a claim under thr Inheritance (provision for Family and Dependants) Act 1975 for reasonable financial provision for your maintenance. This may result in a cpurt allowing you to stay for the rest of your life.

Before you do that please check with your conveyancing solicitors that you didnt execute a Declaration of Trust which allows you to stay during ypur lifetime.
Question Author
When we first purchased the property it was included that I should be allowed to stay in the property providing I didn't marry or cohabitate and their solicitor acknowledges this but is still asking me to pay half or sell so that is what is so confusing
You need advice, Plumpie. If there was a Declaration of Trust (an "acknowledgement" wont be enough) unless there are debts which means it has to be sold you cant be forced. Please take advice asap.
I forgot about the IH Act 1975. If I remember if you have been financially dependent on the testator for, I think, at least two years you have a claim against the estate for reasonable provision. Barmaid is far more up-to-date than I am. It's over 20 years now since I last looked at it.
Financial dependency is not necessary jackdaw. The OP would probably be eligible as someone who lived with the deceased as husband and wife for 2 years before death OR who was maintained by the deceased.
thanks Barmaid - you are worth your weight in gold

[ if the executor knows there is a declaration of trust, is he allowed to say the law is pay up or get out?]
Question Author
It seems there is a printed noteby my partner on the paperwork he wrote tenants in common the note shows he intended me to live there using his half share of the property until I married cohabited or died this would normally suggest a trust deed
Barmaid is right and I am wrong - so I have to take my laurel crown orf ( BA ) and say it should be Barmaids

You should deffo do what Barmaid says - seek advice - it does mean money I am afraid

I am intrigued whether an executor can ignore a seeming declaration of trust and say he can dispossess you but that is a side show

you need to see a solicitor - quig !

( sorry about ignoring IH act 1975 - that was a bad mistake and may have cost you your living accommodation)

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