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Is this the case even though the parties to the tenancy in common have both agreed that each of them owns 50% of the property?.
Therefore in this case would not the estate of the deceased inherit the 50% when the occupancy right was ended by the remaining spouse moving out and selling the property?
In spite of each party owning 50%, are you definitely saying that the living spouse could spend over 50% on a new house, if that spouse left the matrimonial home? Would that house then be owned by both parties i.e. the wife and the estate.
If this is so, could the deceased spouse insert a clause in (will/or tenancy in common agreement) that the living spouse would have to release the 50% share of the property to his estate if she ever sold the matrimonial home?
Sorry, no I'm still not clear.
I'm only talking of estate not divorce, that only muddies the waters.
If my wife and I own our property 50% each in tenancy in common, can I insert a condition in my will, or agreement re common tenancy, that my wife has a right to live in the matrimonial home for life, but that if she chooses to move, then the 50% due to my estate must then be released at that point?
It's this simple question I want answered
Very helpful but just to complete the circle a simple question.
If with the 50% tenancy in common in place I grant my wife a right of occupation until she dies, but do not stipulate that if she moves she must repay the beneficiaries of my estate my half, can she spend whatever she wants on the new property, even if she uses all or part of my share at that stage. If so I presume all my half would be realised when she died and the new property then sold?