• Joint Tenancy

    By Guest on 09th Jul 2019

    My wife and I own a leasehold property. We are just reviewing our Wills, so we want to confirm that we are Joint Tenants of the property, so that the whole property will belong to the survivor, if one of us dies. Where can we locate this information? (The Property Register, under Title Absolute, names both of us as Proprietor)

  • 2 Answers

    By Guest on 09/07/2019

    If it has a Form A restriction on there in Section B ("No disposition by a sole proprietor...") that would indicate you are probably tenants in common. If that restriction is not there, you are probably joint tenants.

    www.notaryexpress.co.uk

  • By Guest on 09/07/2019

    Thanks for taking the time to give a response, it is much appreciated. And after posting my question I found something similar written elsewhere. We do not have such a statement ("No disposition etc") anywhere on our Property Register entry, so I believe we're Joint Tenants. In any event we previously had a mortgage on the property, and I think banks normally require Joint Tenancy, to simplify things in case one owner dies.
    But having said all that, it's a bit odd to use the expression 'probably' for such an important legal matter.
    I cannot believe that it is not stated specifically somewhere in the conveyancing documents.
    I would ask the solicitor who did the conveyancing, but it seems he went bankrupt and the company closed down many years ago.

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