Can you leave your half of a jointly owned house in a will
I think the answer is no and I want someone to tell me I have this right before I build a page of my index on it.
4 replies
Best answer
You have it right, because a joint tenancy needs four unities, title, time, interest and possession. Then survivorship is what having all four gets you.
Also at the moment of death survivorship has already operated, so the share has gone before the will speaks and there is nothing left to give. So it would be wrong to just say the will fails, because the will didnt fail it just has no subject matter.
Thats a key point because this also tells you what a will cannot do; it cannot sever. Severing would need unity destroyed while you are alive. Transfering your interest, agreeing to hold differently, or a course of dealing between you inconsistent with holding jointly.
thank you, and the "no subject matter" framing is better than what I had written down so I appreciate it 😊😊
Sorry but this is a seperate question, I wass gonna make a seperate thread but since this was asked would/does a mortgage by one of them sever it?
Good catch
I dont see this scenario expalined in the materials but from my law school notes I guess it depends on the registration system. Under land titles the usual answer is no, since a charge does NOT sever because it is not a transfer of the estate. But again check your own materials rather than my word on that one.
Sign in to take part in this discussion. If you have purchased an examination from us, you already have an account.