tenants in common
Submitted by helb on Fri, 27/01/2012 - 23:44
Hi, I wonder if anyone can give me some advice please? my partner bought a house with his mother as tenants in common in 2000. There is no mortgage on the house and his mother has passed away, so he wanted the house in his name only.She didn't leave a will and he has 5 surviving siblings. Will the house have to be split between them or will her half go to him as he's her next of kin? also, do the other siblings have to be told that he wants to change the tenancy. We looked after his mother for 16 years and have brought our children up in this house if we have to split it there won't be enough left to pay for another one. any advice would be much appreciated, Thanks.
As tenants in common each
As tenants in common each person is entitled to leave their share to someone else. One presumes it was a50/50 split, in which case your partner retains his 50% share, but the remaining 50% share will be subject to the rules of intestacy (since his mother didn't leave a will), which ultimately means that the children (and perhaps others) will be entitled to a share of her 50%. If she had wanted your partner to have the 50% she would have needed to leave a will indicating as much, the fact that he was her next of kin has absolutely no bearing on anything.
He cannot change the tenancy at this point.