Tenants in common – sale after husband passing
3:57 PM, 1st September 2015, 11 years ago
4
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I wish to sell a property owned by my husband and I as joint tenants in common, he has died some years ago, and I now wish to sell. Are there any legal restrictions?
Many thanks
Edna
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Buying a property with a regulated tenant in?
Member Since February 2011 - Comments: 3453 - Articles: 286
4:00 PM, 1st September 2015, About 11 years ago
Hi Edna,
As tenants in common:
you can own different shares of the property
the property doesn’t automatically go to the other owners if you die
you can pass on your share of the property in your will
You will need to check this with your solicitor and or executors to see if any part of ownership was left to another party.
Member Since December 2014 - Comments: 35
2:03 PM, 2nd September 2015, About 11 years ago
Where a property is held as JOINT TENANTS and one party dies that persons share automatically passes to the survivor and if the survivor wishes to sell all that is required is the death certificate. If a property is held as TENANTS IN COMMON the deceased share forms part of his or hers estate and passes in accordance with the will or the rules of intestacy so that on a sale you would require the grant of probate or letters of administration . The more common is that married couples hold the property as TENANTS IN COMMON and one can tell the difference as there would be a restriction shown on the title if it is held as TENANTS IN COMMON
Member Since August 2013 - Comments: 428
6:24 PM, 2nd September 2015, About 11 years ago
Reply to the comment left by “John Pettman” at “02/09/2015 – 14:03“:
I think you might have meant to say that it’s more usual for married couples to hold property as joint tenants.
Member Since May 2014 - Comments: 252
9:14 PM, 2nd September 2015, About 11 years ago
You say you husband died some years ago, was the beneficiary of his share of the property not decided at the time?