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Joint tenancy or tenants In common?

5 replies

Whitecistus · 20/03/2023 12:25

My partner and I bought a house together last year as joint tenants.
We aren’t married and we have no children together. He has 2 children.
I naively didn’t put much thought into this side of things as got caught up in the excitement of buying and having our own house!
I’m now a bit concerned about us being joint tenants.
I think I’m correct in assuming if I were to die before him I would not be able to leave my part of the house to who I would like and his children would eventually inherit everything?
Just checking I’ve got this correct and would it be best to be TIC seeing as we aren’t married with no kids together?
Thanks for any advice, I will seek proper legal advice also

OP posts:
Orla32 · 20/03/2023 12:28

Yes - google the principle of "survivorship".

Thecatisboss · 20/03/2023 12:47

If Joint Tenants the house would automatically pass to the survivor. Tenants in Common you can leave your share of the house to who you want in your will.

You may want to consider whether you both want a life interest to allow the survivor to stay in the house and for how long. Legal advice from will writer/solicitor would be sensible.

prh47bridge · 20/03/2023 13:08

As others have said, joint tenants means the house will automatically become his when he dies. If you want someone else to inherit, you will have to sever the joint tenancy.

Eightiesgirl · 20/03/2023 13:43

Also, what would happen if something happened to him and not you?

Plumpciousness · 20/03/2023 13:51

This explains about survivorship and the difference between joint tenants and tenants in common:

www.thegazette.co.uk/wills-and-probate/content/103797

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