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

Peter Tustain

Peter Tustain

Solicitor

Email: Peter
Tel: 024 7638 7821

About Peter

Pete started working for a local firm of solicitors in 1978, studying in his spare time to qualify as a Legal Executive before attending the college of Law in Chester to qualify as a solicitor.

Pete is the Head of the Conveyancing department and enjoys dealing with all aspects of residential conveyancing.  He enjoys dealing with clients and, wherever possible, will try to reduce the pressure on clients during what can be a very stressful process. Pete will always try to cut through the conveyancing jargon to make sure that information is provided in a format that can be understood.

Pete has a team of people that he trusts to do everything they can to look after clients and if required to go the extra mile to make the conveyancing experience as seamless as possible. There are regular training sessions within the department to ensure that service levels are maintained and the client experience is made as user-friendly as possible.

Whilst Pete and his team always try to achieve their clients’ desired timescale for completion,  there are times when this simply cannot be achieved due to factors beyond the control of clients or the firm. We will always take time to provide information to our clients to explain any delay.

In his spare time, Pete enjoys spending time with his family, listening to music and going to see bands at music venues and pubs all over the country.

Paul Hewerdine

Paul Hewerdine

Solicitor

Email: Paul
Tel: 024 7638 7821

About Paul

Paul has over 10 years’ experience working in the Residential Conveyancing Department. He loves the detail of property transactions and having moved house a number of times himself, appreciates the stresses that can be involved.

Paul goes that extra mile to make sure his clients fully understand the position of their transaction and is realistic about timescales to achieve the desired result. Everybody wants their house purchase or sale completed yesterday and if that is not possible, Paul will explain the reasons why.

In Paul’s spare time, he enjoys keeping fit by going to the gym and spending time with family & friends.