Brothers are 'Full owners ' now what??

Q

quietman

Guest
A decade ago, land and buildings were transferred to two sons as 'full owners' on folio. First son had a wife and children at the time and the second son has since married and now has children too. One son is now the farmer and other carries on with his own independent business within the confines of the buildings.

1. Does 'full owners' automatically mean 'joint tenancy' or could it mean 'tenants in common'? Please explain.

2. Where does a wife and family legally stand if her husband dies and the other brother is still living?? Could she go through the courts to resolve matters?

3. If one brother refuses to divide the land and building into two separate Folios before other brother passes away, what can the other brother do legally to force him to split the land etc.?
Thank you.
 
Thanks for your response.

So 'Full ownership' on the Folio must mean 'joint ownership' then and one brother would get everything on the death of the other and his wife and kids are out in the cold.....what a mess..

I cannot understand how a Solicitor did not advise against this type of ownership - especially since one brother had a family at the time???? remembering also that the average person on the street is not familiar with all the legal terms and ramifications involved.

Why do people have to make things so difficult for each other??
 
"So 'Full ownership' on the Folio must mean 'joint ownership' "

No. You can only tell if its a joint tenancy or tenancy in common from the paperwork dealing with the transaction.

Which is why legal advice on the particular facts is necessary.


mf
 
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