PropertyMatters
Joint Owners Of Property – Your Options Explained
There are 2 ways you can own property jointly with someone else in England and Wales:-
1. “Joint Tenants”
2. “Tenants in Common”
The way you own the property can have huge implications, so it is vital that you own in the right way.
Owning as “Joint Tenants”
This way, neither of you owns an identifiable share of the property. You collectively own the whole thing - essentially you hold it on trust for yourselves. This means that when one of you dies, the property automatically passes to the survivor(s). It does not matter whether or not the deceased co-owner had a Will.
Owning as “Tenants in Common”
By owning this way, you each own an identifiable share of the property. Unless you have stated otherwise, this will be 50% each for 2 owners or one third each for 3 owners etc. You are each free to use your share in any way you want. You can give it away during your lifetime, or can leave it to someone under your Will. Owning as Tenants in Common, the property will not automatically pass to the surviving owner(s) so it is vital that you each have a Will.
Why is it important to own the right way?
You MUST own the property as Tenants in Common if you want to:-
- Give your share to someone else
- Leave your share under your Will
- Put your share into trust for someone else’s benefit
- Engage in any inheritance tax planning
- Plan for future care fees
- Have extra flexibility in dealing with your assets.
How do I know which way I jointly own the property?
If you don’t know, the chances are you own as joint tenants. However, we can easily check this for you. All we need is to see your title deeds.
Can I change the way I own the property?
It is very simple to change from joint tenants to tenants in common. We would be happy to prepare the necessary paperwork and register the change at HM Land Registry on your behalf.
If we already own as Tenants in Common, can we change the shares we each own?
We would be happy to prepare the deed necessary to do this and can provide an estimate of costs on application.
If you would like to discuss this further, we would be happy to meet with you and discuss your particular needs and circumstances in detail. Please telephone us on 01246 560560 to arrange an appointment. It is helpful if you can bring your title deeds to the meeting, so that we can confirm how you currently own the property.
Equity Release Schemes
What is “Equity Release”?
There are various schemes which allow you to release some of the value (“equity”) of your home. They allow you to obtain either a lump sum or a regular income or both without having to move home. There are a variety of different schemes available and you will need expert legal and financial advice if you are considering this as an option.
Equity Release schemes have earned a poor reputation in former years, but the regime is now much more regulated than it was. We would still strongly advise you to seek proper legal and financial advice before considering it.
Is it suitable for me?
To be eligible for any of the schemes available, you must generally speaking:-
- Be aged at least 60
- Own your own home
- Have paid off all or almost all of any existing mortgage over the property
- Own a property worth at least £40,000
- Own a property built out of brick or stone
What different schemes are available?
The schemes fall under 2 broad headings: “Reversion Schemes” and “Lifetime Mortgage Schemes”. Each type will have advantages and disadvantages.
Reversion Schemes
These schemes involve you selling all or part of your home to a Reversion Company. In return, you receive a lump sum or a monthly income. You and your partner can stay in the home, usually rent free, for the rest of your lives. When the property is eventually sold (usually on the 2nd death), the Reversion Company receives a % of the sale proceeds equal to the % of the property that they bought from you.
Lifetime Mortgage Schemes
This heading covers a variety of different mortgage schemes, all of which involve you borrowing money secured on the value of your home. Again, you can receive either a lump sum or a monthly income. You continue to own all of your home and the loan is repaid to the lender when your home is sold. You can choose whether to make interest payments or whether the interest is “rolled up” and paid back when the property is sold.
What will it cost?
There are all sorts of “hidden” costs including:
- Completion, arrangement or application fees
- Valuation fees
- Insurance
- Early repayment charges
- Legal fees
Other considerations
You should also consider the following:
- If your circumstances change in future, will you be able to move home?
- Any equity release scheme will affect the inheritance you are able to leave to your children or grandchildren
- There could be implications for your entitlement to social security benefits
- Who will be responsible for repairs and maintenance of the property?
- Tax implications
Is Equity Release right for me?
It may be that you could consider other options instead, such as moving to a smaller property or cashing in other “nest eggs”, such as premium bonds or savings.
How can I find out more?
If you are considering releasing some of the equity in your home, please book an appointment and we will be happy to discuss your options. We can meet you with your financial adviser if you wish, to make sure the advice is integrated. If you do not already have a financial adviser, we would be happy to recommend a specialist, independent adviser who can discuss your circumstances in detail.
To contact us Please complete our general response form
Telephone 01246 560560
Our Probate Team
- Rebecca Lee
- Solicitor, Head of Private Client
- Rachel Renwick
- Solicitor
- Richard Barlow
- Solicitor
- Kathryn Wheeldon
- Solicitor
Wills and probate department
Wills and tax planning
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