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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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If a person owns one third of a property on purchase and then

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If a person owns one third of a property on purchase and then automarically owns 50 per cent on the death of one of the other owners what happens to the remaining 50 per cent on the death of the third part owner.

Thanks for your question.

Do they own their interests in the property as "Joint Tenants" or "Tenants in Commmon"?

How many owners are there (pre-death of any of them)?

Customer: replied 5 years ago.
Three owners father,mother and daughter

Thanks for your reply.

Where there are a number of owners of a property they can hold their interests in one of two ways
1) Joint Tenants, this means that each person’s share is indistinguishable from the others and that upon death of one of them that person’s share passes automatically (by survivorship) to the other owners. This happens even if the deceased has a Will which states that the interest should go do someone else.
2) Tenants in Common, this is where each person’s share is separate to the others. Upon death a person’s share passes according to their Will and not to the remaining joint owners as in Joint Tenants
Therefore, if you hold your interests as Tenants in Common then that persons’ share passes to whoever they state it should pass to in their Will.

If you hold your interests as joint tenants and one of you dies then the surviving joint owners inherit that person’s share. So, each have an equal interest in the property. If one of the remaining two joint owners then subsequently dies and they still hold their interests as joint tenants then the last surviving joint owner inherits all of the property.

You can change whether you hold your interests as 1) joint tenants or 2) tenants in common at any time.

If you do not know whether you hold as 1) joint tenants or 2) tenants in common then 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 proprietorship register (section B) 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 proprty is held as joint tenants.

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Kind regards,

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