How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7600
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

My wife and I jointly own our home,

Resolved Question:

My wife and I jointly own our home,free of any debt. we have been told that to prevent the house being sold if one of us dies we must be "tenants in common" Both our names are XXXXX XXXXX deeds in the land registery.How can I find out whether we are tenants in common if that is the expression. Michel XXXXX

Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.
Hello Michael,

Thanks for your question.

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

Look at the propreitorship 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 propreitor 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. In this case, if one co-owner dies then their interest passes automatically to the remaining surviving owner. All you need to do is to produce the death certificate to the Land Registry.

If the property is held as Tenants In Common then the interest would pass according to that person’s Will or under the intestacy rules. Whether someone would require that the property (or interest) is sold depends on who inherits the share that passes as a result of holding as TICs.

If you are both happy for the deceased’s share to pass to the surviving joint owner upon death then you need to ensure it is held as JTs. If held as TICs you can apply to the Land Registry to convert TIC to JT.

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,

Thomas and other UK Property Law Specialists are ready to help you