We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Tenants in common

If a house is owned as TIC does it have to be written in the will that a surviving tenant can stay there until death? If so what happens if that is written in but the family of 1st deceased contest the will and win? Can they force a sale? Thanks. 

Comments

  • Elliemiss
    Elliemiss Posts: 50 Forumite
    Second Anniversary 10 Posts Name Dropper
    Just realised I posted this in wrong place, meant to post in probate and wills, cam anyone help move it please? Sorry newbie to posting but long time lurker (years). Thanks.
  • amnblog
    amnblog Posts: 12,782 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, it does.

    If the Will is written correctly. The beneficiaries of the deceased cannot force a sale.

    Depending on the Will, even if a sale is made (perhaps the survivor needs to move home) the survivor may be entitled to 'lifetime interest' in the deceased's share of the property (to buy a new home until they die, or interest on the funds until they die if no new home is bought).
    I am a Mortgage Broker

    You should note that this site doesn't check my status as a Mortgage Broker, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Elliemiss
    Elliemiss Posts: 50 Forumite
    Second Anniversary 10 Posts Name Dropper
    Thanks for your reply, if it's written in the will do you know what happens if will declared invalid by any chance?
  • Keep_pedalling
    Keep_pedalling Posts: 22,570 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It’s a fairly standard clause and unlikely to be invalid or be open to a challenge. What is your reason for asking? 
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.9K Banking & Borrowing
  • 254.3K Reduce Debt & Boost Income
  • 455.2K Spending & Discounts
  • 246.9K Work, Benefits & Business
  • 603.5K Mortgages, Homes & Bills
  • 178.3K Life & Family
  • 261K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.