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MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 877
Experience:  20 years experience in Wills and Probates and Trusts
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This is about joint ownership of a house shared equally

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Hello there! This is about joint ownership of a house shared equally between myself and my sister following the death of our mother. My sister continues to live at our mother's house; she's lived there for years and intends to continue living there, but we have agreed to jointly own the property. My sister Is acting as execeutor of the estate. Should we opt for "joint tenants" or "tenants in common", and would this be reflected in whether the ownership is transferred with "full title guarantee" or with "limited title guarantee"?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: We're just looking at paperwork now. We have land registry forms AS1 and AP1 re transferring deeds from our mother's name into ours.
JA: Where is the house located?
Customer: In Leeds, UK
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The main concerns are that we'd like for my sister to feel her right to live at the house is not compromised, whilst ensuring that I have the right to half the value if she ever sold, and if she lives there her whole life, for me to be able to pass my half on to my children when my sister and I are old. What limitations would be implied, ie like mortgage our halves separately, or sell? An underlying issue is that we are estranged due to my sister's mental health. Previously I have been her carer, as I was for our mother, which means I'm looking to support my sister to feel safe, and for her to trust it's ok to get back in touch when she's ready. I need to be sure everything we agree to now is demonstrably equitable and fair, in order that she is encouraged to feel positively about being in touch again.

Good afternoon, thank you for your question, I am sorry to hear of your situation. You need to hold the property as tenants in common so that if one of you dies the share won't default to the surviving sister.

As an executor's sale you would usually put 'limited title' but as you have the deeds and know the property etc you can put 'full title guarantee'.

Kind regards

Marian

Customer: replied 9 days ago.
Many thanks
Customer: replied 9 days ago.
In that case would we assume an equal share ie 50-50 or should we be explicit about that?

the Land registry form will ask what the percentages are.

Customer: replied 8 days ago.
The land registry form AP1 doesn’t ask directly about percentages. Should I add a note?

Oh, doesn't it say Tenants in common and in what shares?

Customer: replied 8 days ago.
Thanks and apologies. Yes the phrase “tenants in common in equal shares does in fact appear in form AS1” that is correct. It’s a different form from the one I was looking at. Thanks

That's good, do you need any further assistance, do you have everything that you need?

Customer: replied 7 days ago.
Many thanks!

thank you!

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