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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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if you own a property with your mother, what happens to the

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if you own a property with your mother, what happens to the property if someone dies?

Thanks for your patience.

What happens to the property depends on how you own your interests in the property. You can own it in two ways 1) Joint tenants or 2) tenants in common.

If you own as joint tenants then the property would pass to the survivor when one of them dies.

If you own as tenants in common then the property would pass according to the deceased’s person’s Will or under the intestacy rules if they do not have a Wll. So, the survivor of the two would only inherit the property if the Will specified or if they were entitled to under the intestacy rules.

You can check how you own the property 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.

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Kind regards,

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