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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Under co-ownership as joint tenants (two persons only): will

Resolved Question:

Under co-ownership as joint tenants (two persons only) :
will the second person be liable for any and all debts the other person has contracted or contracts after purchase of the property in question, (i.e. debts other than the costs involved in running the property and local taxes) ?
Thanking you in advance for your reply.
Submitted: 9 months ago.
Category: Law
Expert:  Aston Lawyer replied 9 months ago.


Thanks for your enquiries.

As Joint tenants, the property passes automatically, through survivorship, to the survivor on the death of the first party.

Hence, the survivor will only be liable for any Mortgage/loan secured against the property.

Any debts which the deceased had then become payable out of their own Estate and these debts are not the responsibility of the surviving owner of the property (the deceased's share in the property does NOT form part of their Estate, as it passes automatically to the survivor).

I hope this assists and sets out the legal position.

If I have helped, I would be grateful if you could rate my answer.

Kind Regards


Customer: replied 9 months ago.
Many thanks for your explaination. A point on the running costs and taxes liability one automaticaly has as a co-owner :The first person lives full time in the property and the second only visits on rare occasions and does not use it as their residence, should the first person who has initially payed the up-keep (as it is their main residence) but at a later date stops paying the utilities and the maintenance paid to the residence (for gardening etc), has the second person any recourse to have the co-owner who lives there to continue paying these costs as he is the one who benefits from them?Again, thanking you in advance.
Expert:  Aston Lawyer replied 9 months ago.


The party who is occupying the property should be responsible solely for the utility bills, as they are solely benefitting and using the utilities.

Both parties are jointlyresponsible for the upkeep costs- ie repairs/maintenance (on the basis that the non occupier benefits from the increase or non decrease in the value of the property which such maintenance brings).

I hope this helps.

Kind Regards


Customer: replied 9 months ago.
It is a very good idea to speak with you on the phone. However, that is not suitable just at the moment and before doing so I would like to be able to note down my pre-occupations.
Also, is the payment of 52 euros a one-off payment to use this service, or is it the cost for each phone call, or other formula? Can one plan a time of the phone call in advance with you?
Expert:  Aston Lawyer replied 9 months ago.

Hi, the payment of 52 euros just covers this chat online.

If you are happy with my answers to your original question, I would be grateful if you could rate my answer, and I will then be happy to chat with you on the phone- you would need to request me specifically.

Kind Regards


Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Again, thank you so much for your answers. which have indeed helped and are very clear. I will be contacting you again very soon and have a clearer picture then as to my full needs for assistance.No problem giving a rating, as I am a new user to the site I am discovering the workings of it all.Best regards

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