1. hammo7

    hammo7 Registered User

    Jan 1, 2016
    1
    Hi a few years ago we were advised by our solicitor to be tenants in common with our daughters, since then one of them has decided to jump ship and leave everything to our youngest daughter and myself. Is it possible to have the daughter removed from being a tenant in common? Thanks
     
  2. Feline

    Feline Registered User

    Oct 25, 2012
    164
    East Devon
    Happy new year,
    I noticed nobody has yet responded. I think probably you will all need to see the solicitor together so that she can op out. New agreement will have to be set up.Someone else may know more later.
     
  3. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,780
    Salford
    Hi Hammo, welcome to TP.
    I don't really understand the question. You, your partner and your daughters all are tenants in common so own a share of the property gifted by you and your partner to the girls. One of the girls has now given her share on the tenancy to another daughter.
    Is that anything like right?
    If so is it the one who's gone you want to remove the tenancy from or the one who's stayed and now has 2 shares of the tenancy?
    K
     
  4. pamann

    pamann Registered User

    Oct 28, 2013
    2,635
    Kent
    Hello hamon7 if your daughter has left her share to you and your other daughter, then you and daughter will have her share, l am just going through changing to tennants in common, and changing my will. You must do this through a solicitor.
     
  5. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    8,009
    Yorkshire
    Hi hammo7
    welcome to TP - there's a lot of knowledgeable folks on here and a lot of information, so I hope you have a chance to have a read of other threads.

    I'm not entirely sure what your situation is - I take it that you and your wife owned your own home; that you have 2 daughters; that a few years ago you altered the house ownership so that the 4 of you are tenants in common with a quarter share each?
    Your wife has Alzheimer's and I guess that you and your daughters were caring for her together - all living in the house? However, now one daughter is no longer able or willing to care for her mother and has moved out, therefore, leaving your wife's care to you and your other daughter.
    You say she 'jumped ship', so I guess you are not happy with her decision.
    Now you are considering altering the house ownership to be shared between you, your wife and the remaining daughter - though it's not clear whether the daughter who has left has instigated this, or agrees?
    May I ask - does your wife still have capacity to understand and agree to such an alteration? Is there a Power of Attorney in place?

    Maybe you could let us know a little more as there are members who have knowledge of these kinds of questions.

    best wishes
     
  6. nitram

    nitram Registered User

    Apr 6, 2011
    19,021
    Male
    North Manchester
    As others I am a bit confused but I think it boils down to the fact that the house is currently owned as tenants in common by 4 people, presumably a 1/4 share each.

    If, for whatever reason, this ownership is to be changed to tenants in common by 3 of the people it will require the consent of the person to be left out and the assistance of a solicitor.

    The 4[SUP]th[/SUP]person is effectively giving, or selling, their 1/4 share of the property to the other 3.
     

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