Q&As

Is it possible for the third party’s half share to be held as tenant in common and the couple’s share to be held as joint tenants?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 20/12/2016

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Is it possible for the third party’s half share to be held as tenant in common and the couple’s share to be held as joint tenants?
  • Case study

Is it possible for the third party’s half share to be held as tenant in common and the couple’s share to be held as joint tenants?

Case study

Property is held by a married couple as joint tenants who want to transfer a 50% interest to the wife’s sister as the property was bought indirectly with funds from the wife’s parents.

All property in England and Wales is held in two ways; legally and beneficially. The legal ownership of a property equates to in whose name or names the property is in. For registered property, the registered owners will be the legal owners. The legal owners however hold the property as trustees on a trust of land for the beneficial owners, who are the people entitled to the ownership of the equity in the property. In most circumstances the beneficial owners will be the same as the legal owners, and there is a presumption that this will be the case absent other evidence (such as an express declaration of trust or a common intention constructive trust): see Stack v Dowden and Jones v Kernott.

Additionally, the manner in which the owners of a property hold it can vary. Their interests can be held either as joint tenants or as tenants in common. Joint tenants each own the whole of the interest indivisibly (per muy et per tout), which

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