Tenants in common

[onionlove]

Hello,
My STBEX and I have been separated for 10 months, he was living in a flat but has recently said he is going to move in with someone else. He is not asking me to buy him out of the house at this stage as he knows I can't afford it due to childcare costs (2 DCs)
Finance wise we have a 'kitchen table' agreement of the amount I will give him to buy him out when I can, hopefully when DC2 goes to school in a couple of years and if my brother keeps his offer of a loan open!
In the meantime I would like to change to tenants in common so I can reflect this in my will, basically I don't want my share of the house to go to him.
How can I do this in practice, do I need a solicitor to do it for me, do I need to talk to my mortgage company?
Many thanks xx

Hi you don't need a solicitor. I do these all the time (am a will writer and frequently advise clients who are separated but still own a house jointly) to sever the joint tenancy.

What you need is form SEV which is available from the Land Registry website.

You also need to find out the title number (easy - you can do a search on the LR website) and this will also tell you your local land registry.

If you're in agreement about severing the tenancy you tick box A and both sign and date the form and send it to the land registry.

There's no fee to sever the tenancy but a £3 search fee to obtain the office copy which tells you the title number.

So basically it'll cost you £3 and about 20 minutes.

Are you married to him or just living together?

Still married, was going to divorce after 2 years separated

Let me know if you get stuck on the severance procedure - I do dozens of them

And also remember that as you are married one or other of you may have a legal right to claim more than half the house from the other depending on the final financial settlement however's names assets and the house are in and whether tenants in common or not.

Mumblechum If you don't mind me asking.... - I have filled in all the forms to sever our tenancy and not heard anything back, when I queried it with the Wills Writer that did the paperwork he forwarded me an internet printout that was not clear to me if we are now 50/50% or not - in fact it has no recent entries. I have (stupidly) already paid him so get no joy there, is there anyway I can find out where I stand on the ownership front? Thank you in advance,

HellRunner - whilst the land register is not the sole evidence with regards the joint tenancy/tenants in common aspect when you do sever it in this way an application is submitted as described in the earlier posts.

When it is a restriction, known as a form A, is added to the title. The wording of a form A restriction is
No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

Our online guidance on joint property ownership may be of interests to readers www.gov.uk/joint-property-ownership

Sorry I missed your earlier post OP I've been away for a week :-)
Land Reg has it spot on (obviously!)

Thank you landreg i seem to have the right things in place then :)