Buying or selling your property?

Our conveyancing team resolves to complete your transaction speedily because we know you want to move into your new home at the earliest opportunity.

Buying as Joint Tenants or Tenants in Common

When more than one person is buying a property we discuss with you at the outset the relationship between you and other owner of the property you are buying and have a full and frank discussion how the property is to be owned by you and the implications of both.

Should you own the property as Joint Tenants? It is common for a husband and wife to own the property as joint tenants. This means that on the death of the first, the property automatically passes to the survivor irrespective of what your Will says.

There may be reasons why a husband and wife do not wish to hold the property as joint tenants, there may be reasons for Inheritance to hold the property in a different way.

Increasing numbers of home owners are choosing to hold their property as Tenants in Common. This may cut Inheritance Tax, protect a share of their property and avoid care home fees.

Tenants in Common each owns a set share. This can either be half each or a defined percentage.

The advantage is that one member of the owners can pass on their share of the property on death, for example, to their children, while the other member of the couple can continue to live there, passing their half on at their death.

Buying as Tenants in Common, if you are buying with a partner and you have both put in unequal deposits, this can protect your share in case of a relationship breakdown. For example, the property could be held as Tenants in Common with a document showing one owner paid in 60% of the deposit and one owner 40% of the deposit and in the event of a breakdown in the relationship and sale then the initial deposits should be returned as such and any increase in value should be paid in the same shares.

It is important to discuss how the property is to be held at the outset of your transaction.

It is vital that a Will is made upon the purchase of your property when buying as Tenants in Common otherwise the survivor could be at risk and the property may have to be sold.

Additional Information

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Meet The Conveyancing Team

Nicholas Churm

Nicholas Churm

Head of Conveyancing

Email: Nick
Tel: 024 7638 7821

About Nick

Nick studied Law at De Monfort University in Leicester and graduated with honours in 2012. Nick started out his career in conveyancing with a national conveyancing firm accruing 6 years of experience in the process and subsequently joined Willsons in 2017. Nick is currently in the process of completing his final year of studying to become a Chartered Legal Executive.

Nick deals with various conveyancing matters both freehold, leasehold and new build matters. Nick has a keen passion for property and outside of work is a property landlord with 9 years' experience in redeveloping properties.

Away from work Nick enjoys spending time with his son and is a lifelong Leicester City fan. He enjoys going to see them play when
time allows.

Claire Kemp

Claire Kemp

Residential Conveyancer

Email: Claire
Tel: 024 7638 7821

About Claire

Claire has been helping people move home since 2013. She joined Willsons Solicitors in December 2018 after working for a high street Solicitors firm based in Market Bosworth where she assisted clients buy new homes on the Longshoot Development.

With a passion to endeavour to make any conveyancing transaction as stress free as possible she has experience of Armed Forces Help to Buy Scheme, Purchases, Sales, Re-mortgage transactions and repayment of help to buy loans.

Outside of work Claire has 2 children who she loves spending time with, going to the cinema, bowling and playing pool.

Rupa Popat

Rupa Popat

Solicitor

Email: Rupa
Tel: 024 7638 7821

About Rupa

Rupa joined us in April 2019 having had over four years of experience dealing with Residential Conveyancing work, and she has a great deal of knowledge and experience in dealing with both freehold and leasehold properties but also advises clients on re-mortgages, transfers of equity, declarations of trust and other property related issues.

Rupa prides herself on her professional and efficient service and pro-active approach to ensure that transactions proceed as quickly as possible yet maintaining great attention to detail.

Rupa is also multi-lingual and she is able to communicate with clients in Gujarati, Urdu and Hindi.