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Moiety

  • 29-11-2024 06:58PM
    #1
    Registered Users, Registered Users 2 Posts: 38


    in land law what does an undivided moiety mean stamped on your deeds actually mean?



Comments

  • Registered Users, Registered Users 2 Posts: 10,881 ✭✭✭✭Marcusm


    it means that you are a co-owner as to 50% of the property but that you own it jointly with another person, ie you don’t have an identified part of the property which belongs to you to the exclusion of others.



  • Registered Users, Registered Users 2 Posts: 38 joethegrinder


    it also says that I am a tennant in common, what does that mean along with the undivided moiety



  • Registered Users, Registered Users 2 Posts: 725 ✭✭✭divillybit


    It means you are a tenant in common owner of one undivided 1/2 share of the Folio. You can sell your half share and the owner of the other half of the property could not object.



  • Registered Users, Registered Users 2, Paid Member Posts: 28,060 ✭✭✭✭Peregrinus


    . . . If you could find anybody to buy a half-share in the property, but in the open market it's very unlikely that you could. Nor could you mortgage your half-share to raise money; no bank would lend on the security of a half-share in a property.

    The main difference in practice between a tenancy-in-common (which is what the OP has) and a joint tenancy is that joint tenants have a right of survivorship; when first joint tenant dies, the remaining joint tenant becomes the sole owner of the entire property. That's why joint tenancy is the usual way in which a married couple hold jointly-owned property.

    But with a tenancy-in-common, when one of the co-owners dies their share becomes part of their estate and passes to their heirs under their will or, if they have not made a well, under the rules that apply to the estates of people who have not made a will.



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