tenants in common, since got married

margot

Registered User
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Hi - hope this is in the right forum

I bought a house with my partner as "tenants in common" 2 years ago with an agreement in relation to the proportions that were put towards the purchase, the splitting of the property on separation etc.

We have since got married. Presumably this agreement is now invalid? We would prefer now to own the property equally and for each of us to inherit the other persons share on death. Is there any way of changing the deed to joint tenants now? Or is there any need to do this, since our shares would automatically go to each other as husband and wife?

Neither of us have wills. I realise that we should have them drawn up but my question is even if we don't would we be in the same situation anyway if one of us died? We don't have children.
 
Currently each of you has a share of 50% in the property , however if you wanted to sell or will your share away you can under the principal of tenant in common or co ownership. Since you are married the family home protection act steps in and this impacts you in that neither party can go off and sell their share. It seems that you are now looking for a joint tenancy agreement which states that on death the property automatically reverts to the remaining spouse or next of kin which ever is first.
Have a chat with your solicitor , it will be inexpensive and straight forward to do, but get it done as so many people in the republic tend to leave these things on the burner.

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