
Mr R and Ms S have lived together for 15 years. They each have children from a previous relationship, but no children together. Their home is in Mr R’s name, although they both think of it as belonging to them equally. They want to make sure that their individual shares of their property are protected for their respective children. Clearly they couldn’t do that unless the property is in both their names. They need to be Tenants in Common rather than joint owners (otherwise it would just pass from one to the other after the first one dies); and then they can each leave their share of their property in Trust for their children in their Wills, whilst allowing the survivor the right to live in the property until they die as well. This means that each 50% share will be protected from third parties such as care fees or a new partner. It involves changing the ownership of the property on Land Registry records but they consider that to be well worth the effort to protect their most valuable asset.
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