Probate & how to confirm the type of joint ownership

[georged3rd]

How does someone go about confirming whether real property (i.e. land & buildings) is in Joint Tenancy or Tenancy in-Common?

I understand the difference between the two types of Joint Property/Ownership and the potential implications of each in various scenarios (death, inheritance, selling etc) but where/how can someone actually confirm the actual Joint Ownership type (Joint Tenancy or Tenancy in-Common)?

For example, if Part II Ownership of the Land Certificate states;
"Title...Absolute"
and
"<name X> and <name Y> are full owners"

Does this explicity mean the property is in Joint Tenancy or could it be in Tenancy in-Common?

The scenario in question is where X & Y are a married couple, both resident in the same property & where X has passed away. The Joint Ownership type will determine how Inland Revenue Affidavit (form CA24) is filled out as part of a Personal Application for Probate.

 

[j26]

"A & B are full owners" is a joint tenancy

"1. A is full owner as tenant-in-common of X undivided Y shares
2. B is full owner as tenant-in-common of Z undivided Y shares"
is a tenancy-in-common

The land certificate may not provide the most up to date information though, as they were abolished several years ago. You can check the up to date position on the folio at http://www.prai.ie

 

[georged3rd]

"A & B are full owners" is a joint tenancy

"1. A is full owner as tenant-in-common of X undivided Y shares
2. B is full owner as tenant-in-common of Z undivided Y shares"
is a tenancy-in-common

The land certificate may not provide the most up to date information though, as they were abolished several years ago. You can check the up to date position on the folio at http://www.prai.ie

Excellent, thank you for your help.

 

[WizardDr]

@georged3rd

Just to add that in most cases where it is a married couple that bought, it is highly likely that it is a joint tenancy for the reason that it passes to the survivor.

 

[georged3rd]

Thanks WizardDr