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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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IF property is bought via a mortgage on joint tenancy

Customer Question

IF property is bought via a mortgage on joint tenancy basis then spouse dies intestate who owns property also if unsure whether bought on joint tenancy or tenancy in common how would you be able to get verification of this .
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to help you with this.
If on a joint tenancy then the property belongs to the surviving spouse.
You can check on the title register document at the Land Registry. This can be done on line at https://www.gov.uk/government/organisations/land-registry
If the register is silent about the type of joint ownership then it is a joint tenancy, if there is some comment on the nature of the joint ownership it may be that there is tenancy in common.
The vast majority of couple joint ownerships are joint tenancies.
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you.
Unless the property is worth more than £500,000 then the property will belong to the spouse on whichever basis the property is held as the Spouse is entitled to the first £250,000 of the estate under the Intestacy rules
You can check the basis of ownership by downloading Office Copy entries from the Land Registry and looking in part be for the words
RESTRICTION: 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 Registrar or the court.
If they are there then the property is held as Tenants in Common.
I hope that this is of assistance - please ask if you need further details
Clare