Can I leave my half of a jointly owned property to my children from my first marriage?

• If a property is owned as a joint tenancy with a new spouse when the testator dies their interest in the property evaporates at the moment of their death. The surviving joint tenant then becomes the sole legal owner of the property.
  • This type of interest in a property cannot be left to a beneficiary in a will because the asset does not belong to the testator anymore and does not form part of their estate.
• By contrast a property owned as a tenancy in common with a new spouse is treated differently. The portion of the property owned by the testator does not evaporate at death. It can be left in their will to a beneficiary such as a child from a previous relationship.
• You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.