Tenants in Common/Joint Tenants - how do I find out?

shirleytch

Hi we are in the fortunate position to be mortgage free but I don’t know if we are joint tenants or tenants in common.  Does anyone know how I can find out?

Tx in advance

MWT

Get a copy of your deeds from the Land Registry (Costs about £3, if more than that you are not on the real Land Registry site).

https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

Look for a Form A restriction under Section B: Charges, if it is there you are tenants in common, if not then you are Joint Tenants.

shirleytch

Thank you MWT  I will do that

Land_Registry

The register isn’t definitive re such matters so whilst the register may include a form A restriction that doesn’t mean you are TIC. It’s simply not that clear cut but many believe it is. 

You need to look at more than just the register as you could be TIC by virtue of your wills, a trust deed ir similar and never applied for a form A restriction as you don’t have to. 

Or you might have and then changed the trust/wills but never removed the form A restriction
Or we might have added it for other reasons such as by default, a charging order against one of you or bankruptcy 
https://www.gov.uk/joint-property-ownership