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Joint tenants, freehold; one party renounces access rights?

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Joint tenants, freehold; one party renounces access rights?

Postby michaelj » Sun Oct 23, 2016 9:03 pm

What is the simplest way for me to buy a freehold house with my ex-wife which we will own as joint tenants, but in respect of which one of us agrees not to have any rights of occupation and access and the other agrees to take all bill-paying responsibilities?

The reason we want to do it like this is so that if one of us dies the other will get to own it as sole owner. We don't want to achieve this using wills because wills can be changed without notice to beneficiaries.
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Re: Joint tenants, freehold; one party renounces access righ

Postby atticus » Sun Oct 23, 2016 9:22 pm

By instructing a solicitor who will help you get it right. NB a joint tenancy can be severed by unilateral action, so you will need more to make the arrangement irrevocable.
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Re: Joint tenants, freehold; one party renounces access righ

Postby michaelj » Sun Oct 23, 2016 10:18 pm

atticus wrote:By instructing a solicitor who will help you get it right. NB a joint tenancy can be severed by unilateral action, so you will need more to make the arrangement irrevocable.

Thanks. But I'm OK with knowing when I've found out what I need to know and then relying on it :)
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Re: Joint tenants, freehold; one party renounces access righ

Postby dls » Mon Oct 24, 2016 5:06 am

Mutual wills can do what you say cannot be done, but they are very unwise.

A joint tenancy is a positive expression of trust. If that positive trust is absent use a tenancy in common - but a TiC can express similar beneficial ineterests as would exist under a joint tenancy.

As Atti says a JT can come to an end very easily - and sometimes by something other than a deliberate act of either party.
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