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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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My husband has a daughter who has contacted him after 28 years

Resolved Question:

My husband has a daughter who has contacted him after 28 years she was taken by her mother to Australia and he did not know were they had gone.what rights does his daughter have regarding our home which is in joint names. I also have a daughter from a prevoius marriage?
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thank you for your question.
Now that your husband's daughter is an adult, your husband has no legal liability to provide her with any financial support whether as a lump sum, or via regular payments - although he can if he chooses to do so.
With regard to the house, your husband's daughter currently has no rights to any share in the property.
After your husband's death, if the house is owned jointly by you as beneficial joint tenants (which is how most married couples jointly own property), then whichever of you dies first, the other will automatically inherit their share, which cannot be left by will or by the rules of intestacy to anyone else. In that case, his daughter would have no claim on the house after your husband's death.
If unusually, you and your husband own the house as joint tenants-in-common, then when one of you dies, their share remains part of that person's estate and can be left to whoever they want via their will, or under the rules of intestacy. If that is how the property is owned, then your husband could choose to leave his share to his daughter in his will if he wanted. If he does not leave a will, then his daughter could only make a claim against his share of the house but only if your husband had been providing her with financial support in the 2 years immediately before his death.
I strongly advise both of you to make a will!
I hope this helps and I wish you the best of luck.
Thanks and best wishes...
UKfamsol and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

What is the difference between jointly own tennants and joint tennans in common?

Expert:  UKfamsol replied 2 years ago.
There are two ways to own property which is in more than one person's name, as follows:-
1) beneficial joint tenants in equity - in this form of ownership, the owners own the property in equal shares, and if one person dies, the other person automatically inherits their share, regardless of whether or not they left a will
2) tenants-in-common - in this form of ownership, the shares may or may not be equal ie could be 50:50, or 30:70 or any other combination. If the property is owned by the owners as tenants-in-common, this is either noted on the transfer deed when the property was transferred into their joint names or set out in a separate deed of trust lodged at the Land Registry at the same time as the transfer document. If one person dies, their share becomes part of their estate. It does NOT go automatically to the other owner. So - as it is part of the deceased's estate, they can leave it to who they want, or, if no will, then it will go to whoever the rules of intestacy set out.
I hope that's a bit clearer!
I would be grateful if you would now kindly accept and rate my answer.
best wishes and thanks...
Expert:  UKfamsol replied 2 years ago.
thanks very much for your prompt payment - much appreciated!

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