Is severance of joint tenancy required?
Hi, I am helping a relative of mine to prepare a will. The family situation is complex and whilst the couple remain married - both parties know that the marriage is long over, (Divorce is not an option they wish to explore at the moment).
The property is owned entirely by my relative - but the wife registered a "Notice of Home Rights" some years ago, although he has only recently discovered this. The wife has not contributed to the property financially or otherwise - and in fact has been the cause of the poor state of repair of the house. There is no equity in the house to speak of.
My relative wants to leave the house to the two children of the family, but we are not sure if the house will automatically pass to the wife upon his death because they remain married, or even because of the Home Rights Notice.
I have searched the net, and from my understanding - because he is the sole registered owner (confirmed on Title Deeds) he has the right to leave the property in his will to whoever he choses - the property, either in part or full - will not automatically transfer to the wife. As such, he would not require a Severance of Joint Tenancy? Can anyone confirm if this is indeed the case?
Many thanks for any help.
There can be no severance of
There can be no severance of the joint tenancy as there is no joint tenancy.
However the registration of a matrimonial notice against the property indicates that the wife has an interest in the property. I have to admit that I'm not quite sure what would happen when your relative passes away.
However clearly he should leave the property to the children in his will and they will then take that property subject to their mother's interest, the extent of which will have to be established when your relative dies if not established sooner.
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Hi Many thanks for your
Hi
Many thanks for your reply. I really appreciate it.