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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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hi me and my hubby own our home we do have a morgage on our

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hi me and my hubby own our home we do have a morgage on our home. we only owe around 12 thousand pounds but it is a morgage of course.. now we was visited by a law firm who wants to put in place tenants in common so me and my hubby only own half are home if we die before one and other. we would like our each share to go to our children so that we only have half share in our home if we we believe a home can not be sold for care home fees ect if our children own half the home if the other partner dies before the other. now the lawyer i spoke with was going to charge £935 for this setting up. can u advice me any further can we set tenants in common up with out having this huge fee to pay. is it all legal and would we need to change our will at all. as in our will we have left each other are home ect possesions.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

There are 2 ways that a property can be held-

1. As "Joint Tenants" which means that when one party dies, the property automatically passes to the other through survivorship.

2. As "Tenants in common" which means each party owns a specific percentage share in the property, which share passes on death in accordance with their Will.

You are correct and have been advised correctly, that by changing to Tenants in Common, you can safeguard Nursing Home fees, PROVIDED this is backed up with you both preparing Wills, leaving your 50% share to your children.

I confirm that you are able to change to Tenants in common even though you have a Mortgage. All what is entailed is a simple application to the Land Registry, which most Solicitors would charge approx £50-£100 plus VAT.

I must say therefore, that the fee you have been quoted to change to Tenants in common, is astronomical.

The average cost for preparing Wills and dealing with the conversion to Tenants in Common costs £400 plus VAT.

I therefore suggest that you phone round a few local Solicitors asking for a quote to do your WIlls and the Tennacy in common work, and I am sure you will find a suitable Solicitor to assist.

I hope this assists and answers your question.

Kind Regards


Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

HI thankyou for your adivice.i did ring straight to my lawyer who holds our wills already and he can do the tennants in common for a fee of £95 plus vat.. so next week we will start sorting this out.. i am just glad i didnt jump in and pay the £935 or i would certainly be kicking myself today. how dare a law firm charge these scandless pricess. thanks again all getting sorted for a very low cost. thankyou again x

Hi Johanna,

Glad I could be of assistance to you.

To be fair, most Solicitors are pretty fair, but it is usually unregulated "Will writers" who charge an arm and leg for dealing with matters like yours.

If you ar ehappy with my Answer, I woiuld be grateful if you could leave positive feedback, so I may get credited for my time.

All the Best