• Changing From Tenants In Commo

    By Guest on 15th Dec 2014

    How is this done and do we need a help?

  • 1 Answers

    By Guest on 05/04/2015

    Although you can switch from joint tenants to tenants in common, you can't switch the other way. This is because for a joint tenancy to exist there has to be (amongst other things) "unity of title" at the time the interest is created. You could possible get rid of the form A restriction so that it looks like you are joint tenants but if either of you dispute it in future it will be easy to show that you are really tenants in common. If you want to ensure that the survivor gets the whole of the property when one of you dies you can have mutual wills, though there will still need to be an assent of the equitable title. The only other alternative would be to transfer the property into one or other of your sole names (or into the names of the two of you and a trusted 3rd party) then back to your joint names as joint tenants. You can only do this if there is no mortgage on the property though and you should seek proper legal advice before doing anything as there are inherent risks.

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