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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7620
Experience:  UK solicitor
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I own a property and I have married. I wish to record my wife

Resolved Question:

I own a property and I have married. I wish to record my wife as joint owner. Which is better:-
Beneficial joint tenancy
or
Tenancy in common
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Is the property in your sole name at the moment?

Do you wish to attempt to hold your shares of the equity in different percentages?

Kind regards,

Tom
Customer: replied 3 years ago.

Yes in my sole name


No 50/50 split

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

Great. Is there a mortgage on the property?

Tom
Customer: replied 3 years ago.

No. I am retired and I* own it outright

Expert:  Thomas replied 3 years ago.

Hi

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

Okay. In order for your wife to be joint owner you will have to arrange to have the title transferred from your sole name in to both of your names. I would suggest that you instruct a solicitor to do this for you.

They will also explain the implications of holding as either (1) tenants in common or (2) joint tenants. Most married couples choose to hold their primary residence as joint tenants.

If you hold the property as joint tenants you will own the whole of the property jointly and must both agree and join in to any future sale of the property. If one of you were to die, the other would become entitled to the whole of the property in his/her own right and it would not pass to your children or family under your will or on intestacy. This method is popular with married couples but may not be suitable if either of you has children from a previous relationship whom you would want to benefit under your will.

If you hold as tenants in common then this enables the owners to divide the ownership of the property into distinct portions which can be left by will or will pass on intestacy.


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.


Kind regards,


Tom
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