Q When my mother died, my brother and I inherited a property which we currently own as tenants in common. But my brother now wants us to change to being joint tenants. He’s getting divorced and thinks that becoming joint tenants will mean that if he dies, his ex-wife won’t get a share of the property as she currently would under the terms of his will as would his two children.
I’m not sure if this is the right thing to do and worry about how it would affect my share in the property which I intend to leave to my husband if I die before him. My brother is putting me under immense pressure. NN
A Your brother is right that if you became joint tenants, his ex-wife would not inherit part of the property but nor would his children. It might help to get your brother to back off if you told him that if you were joint tenants and he died before you, you would become the sole owner of the whole property on his death. I assume that this is not the outcome he is after.
As tenants in common, you each own a distinct share in the property and you can specify who inherits that share in a will. That is not the case if you are joint tenants where the property automatically passes to the other joint tenant(s). So you are right to be worried that it’s not the right thing to do. If you died before your brother, your husband would not be able to inherit your share even if that is what you wanted. So if you want your husband to benefit, resist the pressure your brother is putting on you and tell him to draw up a new will in which his ex-wife does not feature as a beneficiary. If it makes you feel any better, your brother cannot change the way in which you own the property without your agreement.
