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Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7672
Experience:  UK solicitor
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In the case of a house owned jointly by a British and French

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In the case of a house owned jointly by a British and French spouses, what happens if the British spouse is deceased? Does the French spouse automatically inherit the house as if both were British?
Thanks for your queston.
Is the property in the UK?
If so, do they hold as (1) tenants in common or (2) joint tenants?
Kind regards,
Customer: replied 3 years ago.

yes as joint tenants

in respect of a property in the UK, yes?
Customer: replied 3 years ago.

yes property = home is in Surrey

Thank you for your question and patience, I’m Tom and I’ll try to help you.
Yes, they would inherit the property by the rule of survivorship in the same way that a UK citizen would.
Note, this is only the case where the property is held as “joint tenants” because it automatically passes to the remaining surviving owner upon death of the first to do. All that needs to be produced to the land registry is the death certificate.
If the property was – in the alternative – held as “tenants in common” then the deceased’s share would pass to whoever was entitled under the Will or under the intestacy rules (if there was no Will
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Thomas and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Many thanks for your prompt reply. Best regards, Francoise

Hi Francoise,
No problem.