Joint Tenant Issue

[macca92]

Has anyone any experience of the Joint tenancy agreement?

A next of kin relative passed away recently, leaving her estate to her 3 nieces via testation. There was no will.

Unfortunately her former partner, who had not lived with her since 1999 has discovered that he is a joint tenant. He went onto the deeds in 1991 when the Land registry forms, Form 19 (JP), did not make it very clear how they were holding beneficial title. The deceased had owned the property since the mid late sixties, so we understand that she made him sign a declaration of trust deed giving him no right to the property on her death. On this form we know it states that the remaining partner should give valid receipt for capital monies on the death of the other tenant.

Unfortunately we still have no knowledge to the whereabouts of the declaration of trust. The solicitor who did the deed transfer has apparently lost/destroyed it and we can not locate such a deed in her house.

The house still has a small mortgage running on it but strangely the surviving joint tenant is not on the mortgage account.

questions?

1/ How can one tenant in a joint tenancy get a mortgage without the other?

2/ How does the former partner prove that he is the actual person on the deeds? I understand that deeds do not go into identity, such as age, date of birth and the like..??

3/ What are his rights since he never paid any bills, the mortgage, council tax and maintenance to the up keep. He also owns his own property else where.

4/ What is a 'Valid receipt for capital monies'?

5/ Has anyone ever known a joint tenant to have been discredited by the courts in situations like this?

Thanks for any information you can give.

Jamie

[brian]

This really needs legal attention - cannot stress that enough. Legal process can get very complicated, so you really need a solicitors view. If unhappy with your current solicitor, certainly consider another's services.

[macca92]

Thanks Brian. We have a solicitor on the case and we have no reason to feel that we need to change to another at the minute.

As we don't see the solicitor from one day to the next it's sometimes a little difficult to get or to indeed remember to ask all these pressing questions.

The questions I ask don't need to have definitive answers. I'm just after a little advice or your opinions based on first hand experience to one or all my points raised, particularly question 5/

Thanks again

Jamie