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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7609
Experience:  UK solicitor
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My property is in joint names with my husband. If I make a

Resolved Question:

My property is in joint names with my husband. If I make a will can I leave my half to who I want?
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi,

Do you know if you hold your interests in the property as "Joint Tenants" or "tenants in common"?

Tom
Customer: replied 3 years ago.
Joint tenants
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If you hold your interests as joint tenants then at the moment any direction in your Will as to who your share of the property would pass to would be invalid. Because you hold as joint tenants it would pass to your husband automatically upon your death regardless of what your Will says.

If you want your interest to pass according to your Will (ie. to someone other than your husband) then you would have to sever the joint tenancy so that you hold as “tenants in common” and then make your Will.

If you and you husband presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any directon made in any Will. If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-
http://www1.landregistry.gov.uk/publications/?pubtype=49


You will then hold you interests as tenants in common, meaning that your respective shares will pass according to their wills or under the intestacy rules. Your husband need not sign the form provided you follow the instructions.

You can then make a Will leaving to someone else.

It may be that your husband disputes the Will after your passing, but this is the option of any spouse after their spouse’s passing.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kindly rate my answer if you are satisfied with the information I have provided.

Kind regards,


Tom
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