Common Questions and Answers about Main Residence and Tenancy

What qualifies as a Main Residence in the UK?

Sole or main residence is not at this time defined by UK law. Questions about main residence are addressed on an individual basis. Often cases regarding questions about main residence are taken to tribunal or court. Based on prior cases, main residence can often be determined by the following questions. For the residence in question are you:

  • A full or partial owner?

  • A tenant of said residence?

  • A boarder or lodger?

  • An occupant of said residence due to an employment condition?

Other factors may come into question when determining main residence for a UK individual. Such factors include:

  • The address given to your doctors, dentists, attorneys, and other such professionals

  • The address where the majority of your personal possessions are kept

  • Your registered voting address

  • Where your post arrives

  • How your time is divided between multiple residences

What is Joint Tenancy?

Joint tenancy is defined as when two people purchase a home or property together. In joint tenancy, both people share equal rights as well as equal control of the property in question. Upon the death of a joint tenant, their interest in the property disappears and full ownership is automatically transferred to the surviving tenant.

What is Tenancy in Common?

Tenancy in common is quite similar to joint tenancy. However tenancy in common states that the property in question is owned in shares. Normally, though not always, the shares are 50/50. Tenancy in common is often implemented in cases where property owners are engaged in an attempt to reduce inheritance taxes.

Any further questions regarding tenancy or main residence should be addressed to a qualified legal professional. Information on these subjects and other aspects of UK law can also be easily accessed via the Internet.

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