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Thomas Judge
Thomas Judge, Lawyer
Category: Law
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Experience:  Over 25 years experience in law
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My partner died recently without a will he jointly owned a

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My partner died recently without a will he jointly owned a house with his father he rented the property out to tenants claimed all the rent and maintained it himself does his father now legally own it or can our daughter claim 50% of the house since her dad was maintaining it?
The property was purchased as joint tenants
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
It rather depends upon how the property was owned - basically whether it was owned as joint tenants or tenants in common. In the eyes of the law, joint tenants do not have shares in the land or, indeed, any individual existence. They are regarded together as making up a single legal entity. They are together wholly entitled, but individually they own nothing. Of course, they do have rights which are exercisable against each other (e.g. a monetary claim on any eventual sale). Tenants in common usually hold an interest in shares - 50-50 or the like and maintain that interest. So it is important to understand how the property was held. This is key to whether your daughter would have an interest and the solicitor would need to prove which one he held. I hope this helps. Please rate positive
Customer: replied 1 year ago.
The property was owned as joint tenants therefore his father claims its his now that my partner has died. Would we be able to challenge this in a court of law?
Expert:  Thomas Judge replied 1 year ago.
Only if you can show that he severed the joint tenancy - basically writing to the other party would be sufficient to sever a joint tenancy. Happy to help but please rate positive
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