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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10635
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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If deeds are silent concerning ownership by two (married) people,

Resolved Question:

If deeds are silent concerning ownership by two (married) people, what is the default position: tenancy in common or joint tenancy? Thanks
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Are the Deeds registered at the Land Registry?

Kind Regards
AL
Customer: replied 3 years ago.

Yes. Registered in 2000. Need information because of a tax query regarding my late wife's estate. My understanding was that we were tenants in common, but the LR entry says nothing.


David

Expert:  Aston Lawyer replied 3 years ago.

Hi David,

Thanks for your reply.

If there is a Restriction noted in the Proprietorship Register which says- "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." then the Deeds are held as Tenants in common.

If there is no such Restriction, then you both held the Property as Joint Tenants.

I hope this assists and answers your question.

Kind Regards
AL
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks.


David