tenants in common or joint tenants?

Rosesgirl

I noted someone has just posted a similar question which made me wonder over my situation again . My house was jointly owned but i was unsure if we were joint tenants or tenants in common with regards equity split . I had read online if it quotes no dispostition of the registered estate that means tenants in common when i queried this with the conveyancer at the solicitors she said no we were joint tenants. I have checked the copy of the register and it states no disposition of the registered estate other than a disposition by the proprietor .....it does not say sole proprietor so are we joint tenants or tenants in common?

kuratowski

I think you should be able to rely on your solicitor.

A representative from the Land Registry sometimes posts on here and they have often said it's not so simple as form A restriction = tenants in common.  Example:
https://forums.moneysavingexpert.com/discussion/comment/75650488#Comment_75650488

(Edit: better example)

Mojisola

Rosesgirl said:

I had read online if it quotes no dispostition of the registered estate that means tenants in common

when i queried this with the conveyancer at the solicitors she said no we were joint tenants.

I have checked the copy of the register and it states no disposition of the registered estate other than a disposition by the proprietor .....it does not say sole proprietor so are we joint tenants or tenants in common?

Ask the conveyancer to explain how she justifies saying that you are joint tenants?

Marcon

Given the background to your house ownership as described in your previous post https://forums.moneysavingexpert.com/discussion/6283739/equity-share-declaration-of-trust#latest you really do need to go back to your solicitor and ensure you fully understand your position. 

Rosesgirl

She told me we do not hold the property as tenants in common as there is no restriction that confirms this . On this basis the property is held on trust as joint tenants on a 50/50 basis. She confirmed by email this and that the other party has agreed to pay the charging orders as they are in his name . I went into the office to sign the paperwork in readiness for exchange . She told me that she cannot go ahead and exchange contracts until i have secured a rental property. What puzzles me she mentioned if she went ahead knowing i had not secured somewhere else to go she would be in breach of contract? This does not completely make sense, i understand in one way that is in my interest but at the same time i could pay out for deposit etc and then the buyer withdraws .