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Thomas
Thomas, Solicitor
Category: Family Law
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Experience:  UK solicitor
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My wife and I jointly own our home. If she dies before me what

Customer Question

My wife and I jointly own our home. If she dies before me what is my legal rights to the house. can she pass ownership of the house in a will to her children
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Do you hold your interests as (1) tenants in common or (2) joint tenants?
How old are the children please?
Kind regards
Tom
Customer: replied 2 years ago.

1) Joint tenants, 2) 35, 40 and 42

Expert:  Thomas replied 2 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 at the date of her death then her interest in the property would pass automatically to you under the rules of survivorship. This is the case even if she states in her Will that her interest should pass to the children.
It’s obviously very important therefore to ensure that your hold your interests as joint tenants. You can check by downloading a copy of the register for the property from the Land Registry by paying a £4.00 fee:-
http://www.landregistry.gov.uk/wps/portal/Property_Search
Look at the proprietorship register of the title you have downloaded from the Land Registry (where the proprietors of the property are listed). If the following entry is immediately below the named registered proprietors then the interests are held as tenants in common:-
" 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"
If there is no such entry then the property is held as joint tenants.
If you/she changed to tenants in common, then were she to die her interest would pass according to her Will or under the intestacy rules. In these circumstances if she had a Will which stated the children should inherit her interest then they would do so.
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
Customer: replied 2 years ago.

In the Land Registry under the heading Title Absolute 1)the Proprietor is shown as my wife and myself.

2)There is a statement "The transfer to the proprietor contains covenants in respect of the Charge dated January 1995 referred to in the Charges Register.

3)There is a statement RESTRICTION. Except under an order of the registrar no disposition by the proprietor of the land is to be registered or noted without the consent of the proprietor of the Charge dated in favour of Woolwich PLC referred to in the charges Register.

Does this confirm that her interest would pass according to her will and if so could her children have ownership of the house ?

Expert:  Thomas replied 2 years ago.
Hi,
No. Those only related to covenants affecting the propety and to your mortgage with the Woolwich.
If the statement "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" is shown below your names then you hold your interests as tenants in common.
If the above statement is NOT there then you hold your interests as Joint Tenants and he interest would pass to you.
Please note for future reference that either of you can subequently change to tenants in common by serving notice on the other and then applying to the Land Registry.
Kind regards,
Tom
Customer: replied 2 years ago.

Can your replies be e-mailed to me ?

Expert:  Thomas replied 2 years ago.
Hi,
No, contact is retricted to question and answers like as we are doing I'm afraid.
Kind regards
Tom
Thomas and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

The last statement re changing to tenants in common by serving notice on the other and then applying to the Land Registry.

Can this be done without my agreement ?

Expert:  Thomas replied 2 years ago.
Hi,
You will see that I have replied on the other thread.
Tom

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