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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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If I have joint ownership of our property can my partner leave

Resolved Question:

If I have joint ownership of our property can my partner leave it to his children .
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi

 

Do you and your partner own the property together as joint tenants or tenants in common?

 

Tom

Customer: replied 4 years ago.

Hi

Pretty sure we are joint tenants think it was so if one dies other gets property, I have lived in property since 2000 and paid off mortgage but did not put name on deeds and have property registered until july 2008

Anita

Expert:  Thomas replied 4 years ago.

Hi Anita,

 

Thanks for your reply.

 

If you are registered as joint tenants then the property would pass to you upon his death regardless of any direction he makes in his Will.

 

If you are registered as tenants in common then his share would pass according to his Will or under the intestacy rules if he does not have one. It would not automatically pass to you.

 

To be sure you can check by downloading a copy of the register for the property from the Land Registry by paying a £4.00 fee:-

http://www.landregistry.gov.uk/wps/portal/Property_Search

 

Look at the proprietorship register of the title you have downloaded from the Land Registry (where the proprietors of the property are listed). If the following entry is immediately below the named registered proprietors then the interests are held as tenants in common:-

 

" No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Court"

 

If there is no such entry then the property is held as joint tenants.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

 

Tom

Customer: replied 4 years ago.

Hi

Thomas is thios the case even if we are not together and I am no longer living in the property, and could his children object nad cause problems

thanks

Anita

Expert:  Thomas replied 4 years ago.

Hi Anita,

 

Yes, this is the case but he can sever the joint tenancy at any time so that you hold as tenants in common and then it would pass according to his will. If he's making a Will then the solicitor will probably make him aware of this and he would do so.

 

Hope this clarifies, if so please kindly click accept.

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6660
Experience: BA (Hons), PgDip, Practising Solicitor
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