Property Ownership Query

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Athley | 20:59 Wed 02nd Oct 2013 | Civil
7 Answers
Hi. I have a question with regards to my property. Myself and my ex-husband bought a property, which as far as I am aware was registered as "joint tenants" rather than "tenants in common". When we initially separated, we verbally agreed that I would keep this house (my home), whilst he kept other property which we owned. Nothing has been done to change the type of tenancy with the land registry.

I have just found out that he has remarried in Canada within the last 2 weeks. If anything were to happen to him, would his new wife have any claim on the property, or would the property automatically be passed solely to me as the surviving owner?


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On a more light-hearted note... hello bumhole, long time no see ;-p
22:27 Fri 04th Oct 2013
you need to check exactly what type of ownership you have
Yes if you have a joint tenancy, then on his death you get the whole lot
Also his remarriage does not change the tenancy { remarriage does not sever the jointure}

BUT as bednobs said, you should check / verify

The divorce papers should have specified how the properties were to be divided.

IS it really the case, you only have a verbal agreement as to how property was divided ? From what you say, you seem to have checked that the ownership is recorded at the LR as joint.

No, you get the whole of it if you survive him and he gets the whole of it if he survives you. He can't assign his right to cheat you; otherwise, for example, someone could cheat their ex by transferring their right to someone aged 18 so they would survive her in the ordinary course of events.
It is a bit surprising that joint tenancy survived the divorce. Normally it is made into tenancy in common before the divorce goes through, to make matters of property simpler, but if it is still shown on the LR as joint, joint it is.
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Thank you all for your replies.
On a more light-hearted note... hello bumhole, long time no see ;-p
Athers, call me and I'll discuss if you want. You/Bud have my number.

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