Can we change tennants in common to joint tennancy

PETER--G | 19:41 Sun 20th Feb 2011 | Law

5 Answers

Our house is owned in a tennants in common agreement (45% me, 45% my wife & 10% mother in law). My mother in law passed away in November & had originally willed her 10% to me & my wife, unfortunately she went behind our backs & willed her 10% to my wifes 8 siblings. Can we change the tennants in common agreement to joint tennancy without the siblings knowelege using the RX3 form??
Would it be possible for any of the siblings to have there name included on the deeds without our knowelege?

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bednobs

surely you cant do anything to their part without their knowledge? or are you saying you just want to do that with your parts?

PETER--G

Question Author

All communication between family members has now broken down, we do not intend to deny them their value of inheritance, although morrally its not theres, we want to safeguard our house.
we paid for the house in full, but mother in law, was included on tennants in common when we intended to emigrate to protect the house, her original will was for me & my wife to recieve her share of the house, but it appears she was talked into changing her will behind our backs.
Now a number of siblings are being awkward. the house was bought on a right to buy from the council. They are now on about trying to put there name on the deeds. which will cause major problems when we want to sell the house.

bednobs

Well i would have thought they were absolutely entitled to do so, seeing as it belongs to them. You don't mention the exact circumstances but did you profit from your mum's discount/right to buy? Maybe she thought that as you had had that benefit, she would now give some benefit to all the other children. If you really feel she was coerced, perhaps you could follow this up. Anyway, as you can probably tell i don't know the exact answer to your question, however, logic would dictate that if you can't do something to the deeds without them knowing, they can't do something to the deeds without you knowing

bednobs

could they force a sale do you think?

carrot99

If you've paid for the house in full could you not get a mortgage for 10% of the current value and pay them all off?

It might be a good time if house prices are low at the moment

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