Help - Escrow

[Ann B]

Hi
My husband and I are in the process of buying into DVC through The Timeshare Store. We have received some documents from the closing company that asks us to 'indicate your desired tenancy'. We are not sure whether to put community property or joint tennants. Do any of you have any experience of this? Any advice would be greatly appreciated.
Thanks

Ann

[UKDEB]

[I should probably preface this by saying that I've been involved in the field of property law in a professional capacity for 28 years.]

In the UK, property is held either as Joint Tenants or as Tenants in Common and it all revolves around survivorship. In the event of the death of one of you, if your property is held as Joint Tenants, title automatically passes to the survivor. Most married couples will own their homes in this way. If you were to die, your home would automatically transfer to your husband and would not form part of your estate (and would, thus, not be subject to inheritance tax). In the case of Tenants in Common, your share of the property (which can be any proportion agreed at the time of purchase, or subsequently as long as properly conveyed) would form part of your estate upon your death and would be distributed in accordance with your will. This form of ownership is common in second marriages where partners wish to leave their share of their property to their respective offspring.

In the US, the difference between Community Property and Joint Tenants is similar, but not identical. There are implications (both tax and otherwise) in the case of death or divorce. As UK citizens, these implications don't impact you and so, in practical terms, it will make little difference, but if you are a regular married couple, the usual practice would be to opt for Joint Tenants status.

I think I'm right in saying that your documents will need to be notarised. As all Notary Publics in the UK are also Solicitors, I'd suggest seeking advice at the time of having the documents witnessed.

[Ann B]

Thanks Debbie, that clarifies what we had been able to find by googling!

Ann

[UKDEB]

Ann, the other thing which has suddenly occurred to me is that you are in Scotland and your property laws differ to those in England.

[Claire L]

Originally Posted by UKDEB

[I should probably preface this by saying that I've been involved in the field of property law in a professional capacity for 28 years.]

I think I'm right in saying that your documents will need to be notarised. As all Notary Publics in the UK are also Solicitors, I'd suggest seeking advice at the time of having the documents witnessed.

Our documents didn't need to be notarised/witnessed, just both signed them and sent them back. In fact there was no place for a witness signature.

Claire