Joint tenants means that both owners own the whole of the property and have equal rights to the property. If one owner dies the property will pass to the remaining owner. You cannot give the property to anyone else in your will. Example: Jacinta and Oliver owned their home as joint tenants.
What’s the difference between joint tenancy and tenancy in common?
In a joint tenancy, the partners own the whole property and do not have a particular share in it, while tenants in common each have a definite share in the property.
How long has one of my brothers lived in the House?
One of my brothers has lived in the property for around 25 years. We all had a verbal agreement with my mother that he could live there as long as he needed to. We understand that one of my other brothers is now seeking to sell the house. Can he sell his share or borrow against it, and can he force the sale of the property?
What happens if you and your brother own a property?
You will need to establish whether you and your brother own the property as ‘joint tenants’ or as ‘tenants in common’. These are the two methods of joint ownership available under English law. If you own the property as joint tenants, you and your brother have equal rights to the whole property.
What happens if siblings decide to become tenants in common?
If siblings decide to become tenants in common, each sibling will own a defined portion of the house. Alternatively, if all siblings agree that the house should be sold, then the income made from the sale should be divided between them based on the percentage they own. I live in the house we’ve inherited, what happens next?
Can a brother be made to leave a house?
JW A As one of the joint owners of the property, the brother who is living in the house has the right to occupy it, as do you and your other brothers. He can’t be made to leave the home without an exclusion order from the courts, which your other brother would have to apply for.
