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I bought a property with my ex partner which we set up as tenancy

Resolved Question:

I bought a property with my ex partner which we set up as tenancy in common rather than joint tenancy.
Since that point my partner and i have now separated. They have agreed that I mayt take over the house, however, i am unsure how to go about changing the tenancy agreement so that it is in my name only.

I am amending the mortgage so that it is solely in my name.

What is the process for severing a tenancy in common agreement without selling the property?
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

A tenancy in common cannot be severed - it is only a joint tenancy which may be severed so that co-owners then hold as tenants in common.


Can you please confirm that you presently hold your interests in the property as tenants in common?

 

Info requset only, please do not click accept.

 

Kind regards,

 

 

Tom



Edited by Thomas on 6/17/2010 at 3:43 PM EST
Customer: replied 4 years ago.

I can confirm that the property is currently held as tenancy in common.

How would i be able to change this into just my name as my ex partner no longer wants anything to do with the property?

Expert:  Thomas replied 4 years ago.

Hi,

 

Any transfer of the title would need the consent of your lender. They hold a charge over the property which prevents any transfer without their consent.

 

I note you say you are amending the mortgage, you need to make sure that they are happy for you to receive a mortgage offer in your sole name. If they are then you may be able to ask them to also deal with the remortgage and transfer of the registered title in your sole name in house.

 

If they cannot then you will have to instruct a local conveyancer to do this for you, the mortgage company will probably insist upon it. Needless to say, your partner will have to sign the Land Registry transfer form give effect to the transfer of the registered title in to your sole name.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,


Tom

 

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6646
Experience: BA (Hons), PgDip, Practising Solicitor
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