Transfer of Tenancy in Common

by **andyk74** on Fri Aug 19, 2011 12:58 pm

Hi,

How do you transfer a deceased spouse's 50% share in a tenancy in common property into the Trustee's names at the Land Registry - as the survivor has the right to reside in the property during their lifetime but the 50% is ultimately going to the children? The survivor also owns the other 50% share so has to remain on title register.

thanks in advance for any advice

Andy

by **maths** on Fri Aug 19, 2011 1:45 pm

I assume that the legal title was held jointly by the deceased and the surviving joint tenant. On death the title automatically passes to the survivor.

By filing Form DJP the trustees remove the name of the deceased from the legal title which will then be in the name of the survivor only.

It seems that under the deceased's will his 50% (?) beneficial interest was left on trust to his/her children but with the survivor having the right to live in the property.

Beneficial interests are not registered at LR. However, the trustees should register a restriction by filing Form RX1.