Property Ownership After Death

Summary

Property ownership after a loved ones death depends on the title status. If solely in the deceaseds name, it becomes part of the estate, and the partner cannot sell without legal authority. Joint ownership may allow the surviving partner to sell, especially if held as joint tenants. If solely in the partners name, she can sell it. Check land registry records for ownership details. A will can affect the process, especially if the property is part of the estate. Consult a solicitor for guidance.

Full Conversation

My dad passed away and was cohabiting with his partner, we think she has sold or is trying to sell the house is she allowed to do that
I'm sorry to hear about your loss. To determine if your dad's partner can sell the house, it's important to know the ownership status of the property. Was the house solely in your dad's name, joint names, or only in his partner's name?
We’re not sure can you give both case scenario?
I'm sorry to hear about your loss. Here are the scenarios regarding property ownership:
*. Solely in your dad's name:
- The property becomes part of his estate.
- His partner cannot sell the house without legal authority (e.g., executor or administrator of the estate).
- You may need to check the will for any provisions.
*. Joint names with his partner:
- Typically, the surviving joint owner has the right to ownership.
- If it was held as joint tenants, the partner may have the right to sell.
*. Solely in his partner's name:
- She has full legal rights to the property and can sell it.
If you're uncertain about the ownership, checking land registry records might be helpful. If needed, consult a solicitor for detailed guidance.
How would we find out if this is the case
To determine the ownership status of the house, you can check the land registry records in Ireland. Here's how you can proceed:
- Access the Property Registration Authority (PRA) in Ireland.
- You can request a folio and map of the property, which shows the registered owner.
- If needed, consult a solicitor to assist with this process.
Would you like guidance on how to access the PRA or any additional assistance?
Yes please
Case Rating: *
To access the Property Registration Authority (PRA) in Ireland and find out the ownership details of the property, you can follow these steps:
- Visit the PRA website or contact their office.
- Request the folio and map for the specific property.
- The folio will indicate the registered owner.
Would you like further guidance on accessing the PRA website or additional assistance with this process?
Would a will affect this process
Case Rating: *
A will can certainly affect this process. If your dad left a will, it may outline specific instructions regarding the distribution of his assets, including the house. Here are some points to consider:
- If the house was solely in your dad's name and he left a will, the executor of the will would be responsible for following the instructions regarding the property.
- The will might specify whether the house should be sold, retained, or transferred to someone else.
- If the house was in joint names, the will may not impact the transfer of ownership to the surviving partner, depending on the terms of ownership (e.g., joint tenants).
If you have further questions about the will or need assistance finding it, consulting a solicitor could be helpful. If you need more specific advice or want to discuss this further, feel free to ask!