Joint tenancy for married couple. Question about one tenant's affordability.

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    Joint tenancy for married couple. Question about one tenant's affordability.

    I want to enter into a tenancy agreement with joint tenants, who are a married couple, and they will be jointly and severally liable. The husband can easily afford the property but according to the individual referencing the wife would not be able to afford it should she be left on her own (and I refer to in the event of being widowed, rather than being abandoned). Is it still OK to go ahead, as I'm assuming she would inherit her husband's estate?

    #2
    Given a number of the wife's these days do not work at all but adopt the 1950's housewife model, it would not surprise me at all that she would fail on her own, it would not bother me.

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      #3
      Originally posted by RedDragon5 View Post
      I'm assuming she would inherit her husband's estate?
      No, Regarding your property, she inherits nothing if she is or is not listed as being a tenant along with hubby.( vary basic statement which does not require reams of -- ah, but you see, replies )
      Hubby does not own the property, therefore not in his estate

      Hubby leaves, and if she is named on the tenancy agreement she can stay there subject to the terms.

      Must put her on the tenancy agreement, otherwise if not, then she may become a trespasser if hubby leaves, so best to have her name on the A.S.T. as well, as makes for a cleaner exit if she can't afford the rent. Also easier to claim benefits if name on an A.S.T.


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        #4
        It's not really "ah, but you see" when the whole "very basic statement" is incorrect. Tenancy (Rent's Act tenancy excepted) is a property right that is part of a deceased's estate, it gets passed on like any other assets.

        If the tenancy is assured, ground 7 can be used within a year to obtain possession in such cases. But if it's an AST that's gone periodic, you can just as well serve section 21 - same notice period.

        If they're joint tenant, the survivor become sole tenant by survivorship. If hubby sole tenant, it goes through inheritence.

        Hubby leaves, and if she is named on the tenancy agreement she can stay there subject to the terms.
        Hubby leaves, they're still married (divorce takes time), then she can stay even if she's not a named tenant. The Family Law Act 1996 effectively gives the spouse the same rights once in occupation.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

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