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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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hi there my partner split up with his partner a year ago .

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hi there my partner split up with his partner a year ago . they jointly owned their property and she has wanted to buy out his half. he has been living with me for 10 months and said if he died he wanted me to have all of his estate . in order for this to happen he changed from joint tennants to tennants in common.and made a will. now that the land registry document has come back it says this on it...... title absolute paragraph 2 ...restriction..no disposition by a sole proprietor of the registered estate (except a trust corperation) under which capital money arises is to be registered unless authorised by an order of the court........and in the letter attached from the solicitor it saysnow that you and your partner own the property as tic neither of you could dispose of the property on your own,even in the event of the death of the other.....please could you explain what this means as my partner is upset that this might mean that i am not entittled to anything..thankyou
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hello,

 

This means that your partner and his ex-partner now hold their shares as tenants in common. It does not sounds as if the solicitor explained is clearly to you in his letter.

 

This means that the land registry will not register a transfer with only one person signing the transfer form, if held the interests were held as joint tenants and your partner died then the ex-partner could sell the property simply by signing the transfer form and producing a death certificate to the land registry.

 

The ex-partner could not do this now because the transfer would have to be signed by the executor of your partner's estate, it provides some protection against sale and essentially means the shares are independent held.

 

Your partner's share will now pass under the terms of his will (ie. to you) in the event of his death.

 

I hope this helps if so please kindly click accept so that I am rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6302
Experience: BA (Hons), PgDip, Practising Solicitor
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