If a property is under joint name (Husband and Wife) and if one pass away then does it mean that the property will be fully owned by the surviving party?

Answer :

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    answered on 20/06/2018

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    Assuming that the property is held as a joint tenancy, where there is no restriction on the rights to the property by one of the parties, the legal title will pass fully to the other party. However, it must also be determined if the parties have acted such as to sever the joint tenancy, or if the parties hold the property in some other form in equity (for example, holding it in name on behalf of a third party).

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  • Yes. Appreciate your advice very much. Thank you. YMChan 15/07/2018