After the death of my FiL, I am trying to establish if my in-laws held the property as Joint Tenants or Tenants in Common. The Land Certificate, issued by HM Land Registry, lists both names in the section Proprietorship Register. Does this imply Joint Tenancy, as there is nothing stating if either holds a different share of the property ? If this assumption is incorrect, how can I establish the type of ownership ?
TIA
John
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Type of property ownership
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- Lemon Slice
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Re: Type of property ownership
If the Land Registry entry shows more than one named owner and contains a Form A restriction which is indicated by the words
No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.
then this means that the ownership is as Tenants in Common. Otherwise, several owners will be Joint Tenants.
IANAL but have had a number of properties switched from Joint Tenants to Tenants in Common and then back again in response to changes in Inheritance Tax rules over the years. If you are not in England & Wales it might be different.
modellingman
No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.
then this means that the ownership is as Tenants in Common. Otherwise, several owners will be Joint Tenants.
IANAL but have had a number of properties switched from Joint Tenants to Tenants in Common and then back again in response to changes in Inheritance Tax rules over the years. If you are not in England & Wales it might be different.
modellingman
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