Joanna Tuffy (Labour)

I was not going to speak to this amendment, but there is another issue if it is automatic for it to become tenancy in common instead of joint tenancy. Tenancy in common can be held in different shares, and there could not be an automatic tenancy in common without clarifying the shares.

With a joint tenancy, the survivor does not lose anything, but with a tenancy in common the survivor loses something if it is wrongly assumed. If a tenancy in common is assumed, a living person on the title deeds could lose out if a mistake occurred. The person could lose half a house, for example, as it could go to the estate. Much more could be lost by the survivor if there is an assumption in favour of the tenancy in common in preference to the joint tenancy. I make these points in case the issue arises in the Dáil.