Posted by Dominika Windak on 18th December 2019

 

There are three forms of ownership of your home:- joint beneficial ownership, tenants in common in equal shares and tenants in common in unequal shares. It is very significant for unmarried couples to understand the difference, especially if there is a breakdown in the relationship or they are not contributing equally to the purchase price (i.e. the deposit).

The joint tenancy means that if they or their partner die, the deceased’s share will pass automatically to the survivor and will not form part of the deceased’s estate.

After separation you might want to ensure that your share of the house does not pass to your former partner if you were to die. You can do this by serving them a simple notice – Notice of Severance, which is then registered with the Land Registry. Once a correct notice is registered a Tenancy in Common is created and the shares in the house go to the deceased’s estate and then passes under his or her will. It is important to make a will or review your existing will if you sever the joint tenancy to ensure that your share goes to the beneficiary(ies) you choose.

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