Making A Will That Includes Property

[qui7master]

I have a joint mortgage with my daughter, we added her name only so could i get it, but she pays no money to me at all, as she lives elsewhere. My question is, ''can i leave my house to my son in my will'' ?

[bhg481]

To whom does the house belong, you or jointly between you and your daughter. If the latter joint tenants or tenants in common?

[bednobs]

do you own the house as tenants in common or joint tenants?

[hc4361]

Your daughter's name will also be on the Title Register at the Land Register as an owner of the property.

You need to check how the two of you own it - as beneficial joint tenants or tenants in common.

If it is as joint tenants you both have equal rights to the whole property and on the death of one, the other automatically owns the whole. You cannot leave your share in your will, unlike owning as tenants in common.

If you are tenants in common you both own a share - usually 50% but it can be any per centage. You can leave your share to whoever you like.

You need to check the Title Deed at the Land Registry if you don't know the basis of ownership. You can download it today for less than £5.

[Peter Pedant]

as they all say: you have to find out what the title to the property is

People are saying if the mortgage is joint then the property passes to the daughter but that may not be true. If the PROPERTY is in joint names then it does but a joint mortgage may just mean that if you dont pay your whack then they can go after your daughter for the whole whack and not just half

Now suppose your property is held jointly with your daughter
then you can 'sever the jointure' and make the property tenants in common
once you have done that you can then leave your half to whomever

you do this by writing a simple letter severing the jointure
( you CANNOT sever with a will as there has to be notice )

so the answer to your question is yes

[hc4361]

Peter, a mortgage is secured against the property so no person can be named on the mortgage without having a legal title in the property. It is not the same as being a guarantor.