Tenants in Common Archives

Nov 16

How do I remove name from Land Registry?

I bought a property as Joint Tenants with my father 12 years ago but sadly he died at the beginning of this year. How do I now get his name removed from the Land Registry?

This is very straightforward indeed. As you owned the property jointly as Joint Tenants with your father then the legal title to the property will have already automatically passed into your sole name.

This is the effect of owning jointly as Joint Tenants rather than as Tenants in Common where your respective shares in the property would have remained with your respective Estates. Accordingly, following your father’s death you are now the surviving Joint Tenant and the property is entirely yours.

If the title to the property is registered then all you need do is simply submit a copy of your late father’s Death Certificate to the Land Registry and the Land Registry will remove your father’s name from the Register leaving the property registered in your sole name. They will send you a copy of the updated register in your sole name.

Mar 31

Should I change house deeds post-marriage?

My partner and I bought a home together two years ago. We got married six weeks ago and I am wondering whether I need to change my name on the house deeds etc. What documents will I need to change.

No, there is no need for you to make any changes unless you particularly want to. The title to the property will no doubt be registered at the Land Registry and all you need to do in the event of a future re-sale is to produce a certified copy of your marriage certificate showing the change in the name of the female spouse from her maiden name by way of proof that the parties are one and the same as those registered on the title.

You can, of course, forward a certified copy of your marriage certificate to the Land Registry, but this will need to be accompanied by a formal application form with which you are not familiar and which you may need to pay a Solicitor to complete on your behalf. Quite frankly, this is a total waste of money and is not essential.

What may be more important, since your marriage, is to review the manner in which you own the property. Had you bought the property as partners, the property may be registered in your joint names as Tenants in Common rather than Joint Tenants in which case you will now need to make Wills should you wish to ensure that the property will definitely pass automatically to the surviving spouse. Indeed, a Will, now that you are married, is something you should consider in any event.

Oct 22

Land Registry will show who owns property

My parents made tax efficient Wills five years ago involving the Severance of their Joint Tenancy. Two years ago they moved to South Wales and my father has since died. How can I find out whether they own their home as Joint Tenants or Tenants in Common.

Critically, if your parents owned their previous property as Tenants in Common following the Severance of their Joint Tenancy at the time of making their Wills, it is of course essential that they also own the South Wales property as Tenants in Common.

Having only recently moved, it is very easy to find out how they own the current property by inspecting the registered titles of the property by obtaining official copies of the Register from the Land Registry.

If your parents own the property as Joint Tenants then there will be no Restriction entered on the Register preventing the disposition of the property by a sole survivor of the two of them.

If the property is owned as Tenants in Common there will be a Restriction entered on the Register preventing the disposition by a sole proprietor. In other words, the surviving spouse alone is unable to sell the property as a buyer will need to obtain the receipt of two Trustees for any purchase monies.

This means that your late father’s Executor will step into your late father’s shoes and sell the property along with your mother in the event of any future sale, or if your mother chooses to continue to live at the property for some years your late father’s share will pass to his Trustees on trust for the residuary beneficiaries, usually the children.

Oct 20

Adding spouse’s name to Property Deeds

I have recently married and would like to add my spouse’s name to the Property Deed of a house I currently own solely. The mortgage is paid, so I would like us to be Joint Owners. Can I do this?

You can transfer a property into joint names by way of a gift at any stage, particularly if the property is mortgage free. The transfer into joint names will be in consideration of your love and affection for your new wife and will represent a “lifetime gift”.

It is a relatively straightforward process and can be completed very quickly and at a relatively nominal cost provided your Title is already registered. If you have an unregistered Title, such a Deed of Gift will give rise to a compulsory first registration at The Land Registry with the Land Registry Fee payable based on the value of the property.

You will need to decide as to the manner in which you own the property jointly; either as Joint Tenants or Tenants in Common. Should you choose to own the property as Joint Tenants then the survivor of you will automatically become sole owner regardless of any Will. If you elect to own as Tenants in Common in equal shares then your respective half interests in the property will be available for each of you to bequeath by way of Will on your deaths.

Your solicitor will be able to advise you on all of these aspects.

Oct 20

Sharing mother’s Estate fairly among three

Our mother has died leaving her three children, all in their 40’s, equal shares in her Estate which includes her house. One of the children is living at the property and does not want to leave, while the other two wish to sell it and share the proceeds. What should we do?

Technically, once the Administration of your mothers’ Estate has been completed, the property should be vested in the names of the three children as Tenants in Common. This means that if one of the children should die, their share will pass in accordance with their Will, or on their Intestacy, and does not automatically pass to the two other remaining children.

Accordingly, all three children are effectively joint owners and if one wishes to occupy, of if he or she does not occupy, does not wish to sell the property, but the other two joint owners wish to sell, then unless agreement can be reached between the three of you, the two who wish to sell may apply to the Court for an Order for Sale.

The Court will make an Order unless there are extreme circumstances justifying that such an Order should not be made. If one of the children continues to occupy the property that child will, of course, be entitled to one third of the property in any event. One solution may be for him or her to purchase the interest of his siblings at a price they all agree.

During the course of the Administration the property will of course be the responsibility of the Executors of your mothers’ Will who will also have a responsibility to ensure that the property is administered in the best interests of all beneficiaries. It would be advisable for a decision to be made regarding the property during the course of the administration to avoid any future dispute and this may also allow an independent Executor to determine objectively a solution which would be in the best interest of all three beneficiaries.

Jul 18

Looking after children’s interest after remarrying

I am in my sixties and have recently remarried and put my home in joint ownership with my new wife. How do I ensure my children from my first marriage are looked after on my death?

The need to protect your share of the assets which you own jointly with your new wife to secure the inheritance of your children by your first marriage is extremely important. Often the bulk of your Estate is represented by the value of your house. If the property was previously in your sole name prior to your remarriage then there is a danger that, following your remarriage, one way or another your Estate may not necessarily pass to your children by your first marriage.

Having placed the property in joint ownership with your new wife it is imperative to ensure that you own the property as tenants in common and not joint tenants. On the death of a joint tenant the surviving joint tenant automatically inherits the whole of the property by survivorship.

Owning the property with your new wife as tenants in common ensures that your one half share in the property can be left to whoever you specify in your Will. Drawing up a suitable Will leaving your one half share of the property to your children by your first marriage will ensure that their inheritance is protected.

The only issue then is that your new wife may well want to continue living in the property of which she is a one half owner. You should, therefore, include a provision in your Will allowing your wife the right to remain in the matrimonial home until the earlier of her dying, voluntarily vacating, co-habiting with another, or her remarrying. The drawback is your children may not see their inheritance until after one of those events happen.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk