Severing tenancy/ deed of trust

[LadyChamberlain]

I've recently written a will whereby I've specified leaving my share of the property to my DD, my DH has children from a previous relationship as well as our DD so his share will be split 3 ways. Our solicitor advised we needed to sever the tenancy, so I applied for this via HM land registry.

They've replied to say the property already has a form A restriction and another cannot be entered. From googling I can see that this relates to the deed of trust we set up when we bought the property (in all honesty I'd forgotten about it). The deed specified that my share of the property is larger due to the deposit I invested.

Does this mean that the tenancy is already severed? Or that it can't be?

TIA for any advice.

Yes it is already severed.

It would suggest as you have an uneven split that the house is owned as tenants in comment rather than joint tenants when it was set up...

www.geoffreyleaver.com/2018/06/11/what-does-joint-tenants-or-tenants-in-common-mean-on-death/#:~:text=Where%20a%20property%20is%20owned%20as%20tenants%20in%20common%2C%20this,owner%20owns%20an%20equal%20share.

Having a look at your purchase paperwork should confirm this.

Perfect, thanks for your help. I'll dig out the purchase paperwork yo confirm.