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zedplace

So can the father pass the joint ownership to the children under Joint Tenants? If so how does he go about doing it in a legally binding way. The son did the transaction when the house was bought and the father wasn't too concerned as he was was expecting the son to do the right thing by the family. 

And yes,  the father doesn't mind if the house is let provided the children (three other children besides the one owning 50%) get their respective share of the rental income.  The house expected to fetch around £4000/month currently in rental if let.

zedplace

I see some of my questions have been answered in the previous posts while I was writing the comment I  just posted (before this one) . One more thing, what happens, again God forbid, if the son were to pass before the father. Does the son's 50% share pass to the other joint owner (the father) or does it pass to the son's spouse.

getmore4less

AdrianC said:

getmore4less said:

The issue is that even being tenants in common they have no say over what happens to the property after the fathers death.

the sole remaining legal owner has total control.

Except if the property is owner TiC, the deceased father can leave his 50% to the other sibs... Then they will be joint legal owners, too.

Only if the final legal owner let's them  get added.

The will only deals with the beneficial interest it cannot deal with legal ownership

Mojisola

zedplace said:

One more thing, what happens, again God forbid, if the son were to pass before the father. Does the son's 50% share pass to the other joint owner (the father) or does it pass to the son's spouse.

It's the same - if the house is owned as joint tenants, the father would then own the whole house; if the house is owned as tenants in common then the son's share would be part of his estate and would go to his beneficiaries, either set out in a will or according to the intestate rules.

theartfullodger

Anyone named as owner of any part share is at liberty at any time to leave all or part to a charity or a new partner or such deserving cause as they see fit.  

pphillips

getmore4less said:

The will only deals with the beneficial interest it cannot deal with legal ownership

I thought that a will could deal with legal ownership, just not in such cases where the law implies a trust of land.

getmore4less

pphillips said:

getmore4less said:

The will only deals with the beneficial interest it cannot deal with legal ownership

I thought that a will could deal with legal ownership, just not in such cases where the law implies a trust of land.

The land reg covers it here

https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land

Typical TIC is through form A, final legal owner can appoint anyone to act as second trustee to deal with the property.