What tenancy do we have as owners of our property?

caveman38

My wife and I have lived in the same property for 50 years. We bought it whilst single (married a year later) as dual owners which would have been stated on the mortgage. 10 years ago I was aware that my wifes name still appeared as her maiden name. I duly applied to Land Registry to have it changed and furnished our Marriage Certificate. We received back a document with our two names (hers now Mrs) as the proprietors of the said property.

How do I know whether we are registered as Joint Owners or Tenants in Common. Do I assume that TIC didn't exist 50 years ago and it must be JT or do I need factual written proof to that effect.

TroubledTarts

@Land_Registry one for you

Section62

https://forums.moneysavingexpert.com/discussion/6671885/what-tenancy-do-we-have-as-owners-of-our-property

https://hmlandregistry.blog.gov.uk/2022/11/02/what-kind-of-joint-ownership-do-i-have/

You probably need to speak to a solicitor about which whould be better in your personal circumstances, and get them to draw up any paperwork necessary.

Land_Registry

https://forums.moneysavingexpert.com/discussion/6671885/what-tenancy-do-we-have-as-owners-of-our-property

Nothing should be assumed and you should look at a variety of information to try and establish whether you are JTs or TIC.

Start with taking a look at the register. You will have a copy from when you updated the name on marriage.

Whilst the register is not definitive many see the presence of a form A/joint ownership restriction as confirming that they are TICs. If there isn't one then they see themselves as JTs.

But you need to also consider what has happened in the past 50 years with regards any wills you might have drawn up or a trust deed or similar. Such specific details are often private to yourselves as joint owners.

The hyperlink provided by Section 62 will help explain also

caveman38

I assume that as I have a copy of the register of title it would state JT. But on Section B all it says is Title Absolute which I assume means Freehold and Proprietor: then both my and my wifes name and nothing else.

Would I see that Form A in that section i TIC had been applied

I am still in the dark.

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/82030243#Comment_82030243

Title Absolute is the class of title - the most common one guaranteed by ourselves. Nothing to do with JT or TIC

The terms JT and TIC don't appear on the register as the register is not definitive as to whole you hold the property

If there is no form A restriction most would read that as meaning you are JTs. But you need to check your wills and any other arrangements you might have entered into re shares in your beneficial ownerships. If you haven't made any such arrangements then you would be seen as JTs.

Form A restriction wording - "'No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court'"

caveman38

https://forums.moneysavingexpert.com/discussion/comment/82030291#Comment_82030291

Thanks again. If Form A restrictions did exist, would the wording be seen in Section B?

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/82030338#Comment_82030338

Yes - if a form A restriction had been applied for and not cancelled since then it would be in the B Proprietorship Register

Keep_pedalling

Are you asking because you are currently making wills? If you wills leave everything to the surviving spouse it does not matter whether you own a JT or TiC. If on the other hand you plan to include an emmediate post death interest trust then the property needs to be held as TiC otherwise that clause fails.

caveman38

TBH, I have never made a will and feel I should. ATM I am familiarizing myself with some legalities before the draft. I have also been made aware of the benefits of TIC so as to protect the other partner of having to dispose of our house should the other require nursing care. Again that is a grey area to me and needs research.

Section62

https://forums.moneysavingexpert.com/discussion/comment/82031535#Comment_82031535

As I posted upthread, it would probably be better to speak to a solicitor about what you need to have in place as the priority, and treat finding out what you currently have as less of a priority.