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  • FIRST POST
    • Phoenixology43
    • By Phoenixology43 8th Sep 17, 3:53 PM
    • 2Posts
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    Phoenixology43
    Tenants in common or joint tenants?
    • #1
    • 8th Sep 17, 3:53 PM
    Tenants in common or joint tenants? 8th Sep 17 at 3:53 PM
    I'm trying to ascertain whether my husband and I hold our house as joint or tenants in common.

    The Land Registry doc says the following:
    Restriction: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor of the time being of the Charge dated 7 Aug 2014 in favour of Santander UK PLC referred to in the Charges Register.

    I'm guessing that's something different but similarly worded to the tenants in common clause? Any ideas?
Page 1
    • steampowered
    • By steampowered 8th Sep 17, 4:29 PM
    • 1,906 Posts
    • 1,784 Thanks
    steampowered
    • #2
    • 8th Sep 17, 4:29 PM
    • #2
    • 8th Sep 17, 4:29 PM
    The wording looks similar to the tenants in common clause but actually has nothing to do with it. That clause is due to your mortgage.

    If register does not have the tenancy in common clause, you are probably joint tenants.

    Yet this is not definitive as you or your husband could for example decide to sever a joint tenancy and convert it into a tenancy in common.

    Probably need to know the context to advise further.
    • Tom99
    • By Tom99 8th Sep 17, 4:38 PM
    • 581 Posts
    • 338 Thanks
    Tom99
    • #3
    • 8th Sep 17, 4:38 PM
    • #3
    • 8th Sep 17, 4:38 PM
    If the property is registered you will know that the owners are tenants in common because there will be a restriction registered in Section B Proprietorship Register that states:

    RESTRICTION: No disposition by a sole proprietor or the registered estate (except a trust corporation) under which capital money arises is to be
    registered unless authorized by an order of the court’.
    • Phoenixology43
    • By Phoenixology43 10th Sep 17, 1:33 PM
    • 2 Posts
    • 0 Thanks
    Phoenixology43
    • #4
    • 10th Sep 17, 1:33 PM
    • #4
    • 10th Sep 17, 1:33 PM
    Great, thanks folks for your thoughts.
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