Tenants in common – sale after husband passing

by Readers Question

15:57 PM, 1st September 2015
About 3 years ago

Tenants in common – sale after husband passing

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Tenants in common – sale after husband passing

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?tenants in common

Many thanks

Edna



Comments

Neil Patterson

16:00 PM, 1st September 2015
About 3 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.

John Pettman

14:03 PM, 2nd September 2015
About 3 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

Seething Landlord

18:24 PM, 2nd September 2015
About 3 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.

Colin Dartnell

21:14 PM, 2nd September 2015
About 3 years ago

You say you husband died some years ago, was the beneficiary of his share of the property not decided at the time?


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