Consent order and tenants in common

[barelyaware]

I’m divorced and in our consent order it states that from the date of the decree absolute our family home will be held as tenants in common and states the % share.

However, on the actual title deeds it still has us as joint tenants. I have a will leaving my share to my children in a trust but if I died what would take precedence - the consent order or the title deed as they say different things? Just wondering if my ex will get my share even though I don’t want him to and whether I need to get this officially changed!

You need to apply for a form A restriction to go on the register. It is called severance of title and can be applied for by one of the registered proprietors using a form sev to the land registry. Notice will be sent to the other.

https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

Normal advice is to sever a joint tenancy as soon as you're estranged.

In your shoes I'd be prompting your solicitor to carry out the required steps.

Thanks all. Will I need to use a solicitor for this or is it something I can do myself? I used mediation for the divorce so don’t currently have a solicitor, though would get one if needed.

The link above is all you need.

You can do it yourself as a citizen application. It should be straightforward as you have your consent order as evidence. Assuming you are named on the register of course.