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What if My House Is Co-owned?

The question of property is one that causes some considerable amount of confusion when it comes to succession. Generally the vast amount of property is purchased by married couples and the inheritance issues are straight forward. However in other situations where the two people purchasing the house are not married, the outcomes can change considerably.

 

Generally the property can be held in one of two ways:
1 – As Joint Tenants or
2 – As Tenants in Common



Joint Tenants: This is the most common form of joint ownership and usually refers to married couples. The general rule in this case is that should one of the owners die, their interest in the property automatically transfers to the surviving owner. While this succession is automatic, it is still a good idea to express your wishes my making a will!

Tenants in Common: This is most common in situations of joint ownership where the persons purchasing the property and not married. This could simply be two friends purchasing a house together.

This situation differs to the above, in that should one of the owners die, their share of the property does not automatically pass to surviving owner.

Instead, their share will be distributed in accordance with their wishes expressed in their will or if no will has been made, distribution will take place in accordance to the 1965 succession act.

When considering the joint purchase of property, the issue of succession should be an important consideration between those purchasing the property. Should either owner wish their share to pass to their co-owner this should be expressed in the form of a will.

 

 

 

For more detailed information on the topic above and other issues relating to Irish wills, read our Last Will & Testament Kit written by an Irish Solicitor to answer all your questions.

 

 

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