Q&As

Is it possible for three co-owners (A, B and C) to beneficially own a property so that A and B own 50% as joint tenants and C owns 50% separately? So if A died, B would automatically own 50%, and C would still own their 50%.

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Produced in partnership with Brie Stevens-Hoare
Published on LexisPSL on 26/05/2020

The following Property Q&A produced in partnership with Brie Stevens-Hoare provides comprehensive and up to date legal information covering:

  • Is it possible for three co-owners (A, B and C) to beneficially own a property so that A and B own 50% as joint tenants and C owns 50% separately? So if A died, B would automatically own 50%, and C would still own their 50%.

Is it possible for three co-owners (A, B and C) to beneficially own a property so that A and B own 50% as joint tenants and C owns 50% separately? So if A died, B would automatically own 50%, and C would still own their 50%.

The beneficial interest under a trust of land can be held on a joint tenancy, or a tenancy in common, or a combination of both. In other words, a property can be held for A, B and C so that (say) one-third of the beneficial interest is held for A as a tenant in common, but the remaining two-thirds are held for B and C as beneficial joint tenants, with the result that as between B and C survivorship operates and on the death of one the other retains the whole of their joint share.

For the most part, joint tenancies have involved two people and are conceptualised in that context. The familiar notion is that if that joint tenancy is severed the parties become tenants in common in equal shares. Severance can of course be a mutual decision. However, it is more

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