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Legal matters

changing joint tenant to tenant in common?

3 replies

cluttered · 10/12/2014 23:52

P and I are splitting up in the new year so I presume we need to change the ownership of the house from joint tenant to tenants in common. At the moment it's fairly amicable so assuming he agrees this is necessary and signs the paperwork do we just need to sign the SEV form from the land registry and send it off? It mentions something about severing the joint tenancy first and I have seen a deed of severance mentioned elsewhere so do we need to do anything prior to sending off the completed SEV form (apart from paying £3 to get a copy of the title register to get the title number?). Thanks in advance for your help!

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LandRegRep1862 · 11/12/2014 09:10

Form SEV was introduced to make things as simple as possible and aimed largely at those who wished to change things in an amicable fashion. So if you complete it and both then sign it that is fine.

Some people will also enter into a trust deed which sets out the final detail where needed but there is no obligation to do so with regards registering a form SEV.

We would always recommend seeking legal/financial advice as well to understand the wider impact of severing the joint tenancy as well as to consider wills, shares etc

If you have any paperwork from when you bought the property this may refer to the title number as well and save you the £3

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cluttered · 11/12/2014 10:24

Thank you! I did change my will last year when things first started to get rocky to leave everything to the DC rather than to P and my solicitor said then that we should change the ownership of the house. P has financial problems so I think to would be better for the DC to ensure half the house is protected for them if anything should happen to me plus my solicitor raised the point that P could marry and have more children which would risk the inheritance of our DC. We do have a lot of equity in the house due to rising property prices in London over the last 17 years.

I will definitely look for paperwork about the house, we have another 8 years on mortgage so the bank holds the title deeds I assume but I will check if we have anything with the title number.

Thanks again

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cluttered · 14/12/2014 13:13

Thanks LandReg I managed to find a boxfile of paperwork from when we purchased the house and lo and behold there is a copy of the title deed that I have no recollection of receiving! So no need to request another copy for the title number.

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