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deeds of house

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1234567billy | 12:16 Tue 04th Nov 2008 | Law
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My partner and I are both divorced and have both our names on the mortgage and deeds of our house.
In the event of one of our deaths would the ownership of the property legally pass to the survivor or would a will have to be made to pass title on?
As there would be two families benefiting from the property how can the survivor be safeguarded from being forced to sell the property from the deceased family?
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It depends on how you hold the property.

If you hold as joint tenants then the share of the first to die will automatically pass to the other.

If tenants in common, you each have your separate share and can leave it to whoever you wish in your will.

It's likely you are joint tenants but this can be severed by a notice of severence of a joint tenancy to the Land Registry.
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thanks jen

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