An Increasing Preoccupation at Home

More and more unmarried couples are now buying a property together and choosing to own that property as ‘tenants in common’. There are advantages to this, but it is accompanied by a very real concern for the owners when they start to think about their future. The problem is often highlighted when the couple comes to consider their Wills and centres around how the partner who dies first (A) can ensure that the survivor of the couple (B) will be guaranteed the right to remain in the property for as long as he wishes.

This article attempts to illustrate how and why the problem arises and, more importantly, the ways in which it can be circumvented.

A couple can own their property as either ‘joint tenants’ or ‘tenants in common’. If they own as ‘joint tenants’, the problem of occupation does not arise. This is because on A’s death B acquires A’s interest automatically by operation of the right of survivorship. It is not necessary for A to specify this in his Will.