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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7434
Experience:  BA (Hons), PgDip, Practising Solicitor
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how do I register my house as "tenants in common" with my

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how do I register my house as "tenants in common" with my wife?

Thanks for your patience.

You can check how you hold your interests by downloading a copy of the register for the property from the Land Registry by paying a £4.00 fee:-

Look at the proprietorship register of the title you have downloaded from the Land Registry (where the proprietors of the property are listed). If the following entry is immediately below the named registered proprietors then the interests are held as tenants in common:-

" No disposition by a sole propreitor 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"

If there is no such entry then the property is held as joint tenants.

If you and your wife presently hold the house as joint tenants and you want to change this then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-

You will then hold you interests as tenants in common, meaning that your respective shares will pass according to your wills or under the intestacy rules. Your wife need not sign the form provided you follow the instructions.

You will note on form SEV at box 7 (c) that you can sever it by that you can serve the notice of severance by sending it to your wife where she lives by registered post. The notice of severances is simply a self-drafted letter in which you refer to the property, the title number and state that the letter should be taken as you severing the joint tenancy so that you hold as “tenants in common” Obviously you should date the letter and keep proof of postage. Before sending it you should attend a local solicitor and ask them to provide you with a certified copy of the Notice. They will do this for around £5.

This notice should be sent to the land registry with your “Certificate”, which is simply a letter stating that you have served the notice by registered post and enclosing proof of postage and also including a copy of the notice letter which is certified as a true copy.

The land registry will then confirm severance in reply, you will then hold your interests as tenants in common

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Kind regards,

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