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propertylawyer
propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 285
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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My partner and i own a property at Joint tenants ownership.

Customer Question

my partner and i own a property at Joint tenants ownership.
Q1: if he will like to remover himself from the owner, any tax applied? how to do that?
Q2: if we keep the Joint tenants ownership, do we need a will to double protect the remaining person in case of one dies?
Submitted: 1 year ago.
Category: Property Law
Expert:  propertylawyer replied 1 year ago.

Hi Yaya

Thanks for your question.

I hope I can assist you.

My response is based on the position that you own as joint tenants, namely that you both on the whole jointly as opposed to distinct separate shares as in the case of tenants in common. Therefore:

1. This is possible. You have a transfer from the two of you to you, if the intention is that you will own the property solely. You will no doubt do this for nil or nominal consideration which will not trigger any tax.

There may be future tax, I am thinking of inheritance tax but this depends on the value of the property, your estate and if any exemptions or reliefs are applicable. That advice is beyond the scope of this service and you need an accountant or estate planner to advise. On the face of it you can transfer the property into your sole name with no immediate taxes.

2. Under joint tenants, the property will pass to the surviving joint tenant automatically. So no need to make a will but it is always recommended that you do to deal with other assets and wishes. (if you have a tenants in common arrangement you both need wills otherwise on death of one owner it's share will pass by reference to the intestacy rules and may end up with a beneficiary who you did not want to inherit).

I hope my answer helps you. Do come back to me if you have any queries in respect of my answer. I am very happy to assist further.

Please can I ask you to take a moment to accept / leave positive rating.

Kind regards

Paul

propertylawyer and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
hi, thanks for the helpful and prompt response. To remove one person from joint tenants ownership, do I need the approval from the bank who provided mortgage and has not bee paid off?in the land registry tile, how can know it is a joint tenants ownership? as i remember it is registered so, but i dont know which terms in the documents are specifying it.many thanks
Expert:  propertylawyer replied 1 year ago.

Hi Yaya

If you have a joint mortgage you will not be able to transfer into a sole name. It will no doubt be a term of the mortgage that the property is in both names, there might be a restriction protecting any dealing without their consent.

You can check the title for joint tenants / tenants in common. On title there will not be a restriction in part b the proprietorship register. If tenants in common there will be a restriction to say no disposition by a sole proprietor without an order of the court.

I hope this helps. If you have a pdf of title you can attach it to a pm to me and I will check it for you and confirm.

Please accept / positive rate my assistance.

Kind regards

Paul

Customer: replied 1 year ago.
hi, many thanks for your help.the attached the title FYI. as i remember we register as tenants in common in 2012, and request to change it to joint tenants in 2014. but i cant remember if the solicitor has completed the change request or not in 2014.
Expert:  propertylawyer replied 1 year ago.

Cheers. You are joint tenants. You lender has a restriction preventing dealing without consent.

Customer: replied 1 year ago.
Hi, many thanks for your help.So I this case, we don't need a will to protect this ownership for this property for us in case of one dies, do we?
Expert:  propertylawyer replied 1 year ago.

No, rule of survivorship applies. However, consider the event if you both die simultaneously or in close proximity. A will will provide for what happens then. Otherwise on second death the intestacy rules will apply.

Customer: replied 1 year ago.
Many thanks. and have a nice day!
Expert:  propertylawyer replied 1 year ago.

Thanks, ***** *****

Customer: replied 1 year ago.
hi, do you also can help with will drafting? i can open another case for it.
Expert:  propertylawyer replied 1 year ago.

You would need a solicitor to draft a will. Fees are not expensive for a standard will. Ring around a few local ones to get a feel for the price.

Drafting a will is beyond the scope of this website.