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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35088
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Me and my wife owned 5 properties as joint tenants we

Customer Question

me and my wife owned 5 properties as joint tenants we separated 3 years ago and she asked me to sign forms to change ownership to tenants in common which i did, sadly my wife has passed away now and i have been left out of the will and find myself holding ownership of 50% of 5 properties which we are about to sell so the executors get there money, i wish i was aware of the implications of changing the tenancy but i was not and i guess i am to late now
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWhat percentage share do you believe you should have been entitled to?How far had any divorce reached?
Customer: replied 2 years ago.
all the 5 houses were held 50/50 we never started divorce, 1 of the houses is now me and my daughters home, the other 4 are rented out
Expert:  Clare replied 2 years ago.
So what would you have done differently if you had understood the implications?
Customer: replied 2 years ago.
left them as joint tenants unless i had no option to do so, i would not have lost the assets then , as i believe in joint tenancy the property would have passed to me
Expert:  Clare replied 2 years ago.
I am afraid that in fact there was no such option.As soon as you actually received the Notice then that was it - the beneficial joint tenancies were severed.The only point you could have argued is what the percentage share should bePlease ask if you need further detailsClare