Joint Tenants and Tenants-in-Common

Kuztardd

deleted thread

aussielle

Hubby and I are tenants-in-common, (at our request) the solicitor worded this into our new Wills when we were buying the house. I don't remember it having anything to do with the mortgage company.

homer_j_3

it is a personal choice and is something your lawyer/sol will be asking you so its down to you to choose if you want your share of the property to pass to the remaining person on your death or whether you want to leave it to another person of your choosing.

pusscat

there have been several "disputes" on here and other forums regarding whether just having the property % listed is adequate to protect both parties. There is one school of thought that seems to believe that a co-habitation agreement should also be drawn up so that the intentions of all parties were clear at the outset. There is apparantly a legal precedent where a judge does not have to honour the amounts set out if he/she feels that there is valid reason not to.

I have not seen a definitive answer on this - I would like to as it affects me potentially, but OH and I just have a "tennants in common" agreement at the moment and a private agreement between us not to challenge it if the worst should happen.

It may be worth checking out with your solicitor for your own individual circumstances.....

For practical purposes it is just a box which is ticked on the land registry forms.

Puss