Most people own their homes jointly along with their spouse or partner as Joint Tenants. This means that you cannot determine, within your Will, who would inherit your home. It will automatically pass to the surviving Joint Tenant. It is the same for any jointly owned asset – they all pass by survivorship irrespective of what your Will or the Laws of Intestacy state.
It is usually advantageous to change the way you own your property from beneficial joint tenancy to Tenants in Common. This allows each spouse or partner to decide where their share of the property should ultimately go but more importantly it allows you to protect the property against future relationships, creditors or local authority care home fees and ensures your share of the property goes to your children.
It is also useful where spouses or partners have children from different relationships and want to ensure that their own children always inherit their share of the property.
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