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Tenants in Common or Joint Tenants?
BrownTrout
Posts: 2,298 Forumite
My dad recently passed away and they both owed the house (no mortgage etc) so we are starting to look at dealing with the estate , ive got a copy of the title deeds to see if the property is held Tenants in Common or Joint Tenants But on the title deeds it doesn't mention a single thing about how the property is held
Can anyone assist please?
Ps i believe in the absence of anything else it would be joint tenants and held in equal share, (its simply for the issue to see if probate is required)
Can anyone assist please?
Ps i believe in the absence of anything else it would be joint tenants and held in equal share, (its simply for the issue to see if probate is required)
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Comments
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I would guess that 99% of properties are held as Joint tenants especially with married couples unless it's a Rental property ?
I take it your Mum passed away some time ago and Dad has passed recently ?
You may need a solicitor to help with the probate especially if there are a number of family involved ?
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No she is still alive.
And they owned it together.0 -
If it was a joint tenancy, they never owned it in equal shares.
They both owned 100% of the property, jointly. And they surviving sole tenant owns 100%, now solely.If you've have not made a mistake, you've made nothing3 -
If a property is registered with the Land Registry you will know if the owners are joint tenants because there will be no restriction registered against the proprietor’s name in Section B Proprietorship Register
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 (sic) the registered estate (except a trust corporation) under which capital money arises is to be
registered unless authorized by an order of the court’.Or google for other similar sources.
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Thanks everyone0
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