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Taking ownership and property held by civil partners and cohabiting couples


By Angela Massey - Posted on 05 May 2011

If joint owners hold as Joint Tenants then in this situation there is an automatic right of survivorship on the death of the first of them.  If the property is held as Tenants in Common there is no such right!

If Civil partners own a property as joint tenants, the surviving partner will inherit the property when one of them dies.  There are separate rules where one of the tenants in common dies without leaving a will.  Of course, the survivor of a Tenancy in Common will inherit any part that may have been provided for in the Will of the deceased co-owner. 

The Inheritance Tax threshold is currently £325,000 for an individual but there is also the Transferable Nil Rate band, which may apply on the death of the survivor of spouses or civil partners.

A share of the property is inheritable by the children of either partner as per the terms of a Will.  In the absence of a Will children are entitled to inherit from either of their birth parents or step-parents who have adopted them.

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From the Rowberry Morris website: