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Thomas
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Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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do both joint owners have to agree to make ownership tenants

Resolved Question:

do both joint owners have to agree to make ownership tenants in common or can one make the decision
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,

 

If parties currently hold their interests as joint tenants and one wishes to sever this then they do not require the other's consent.

 

They would simply have to serve a notice of severance upon the other party by registered post and confirm this in the Land Registry's Form SEV used to sever the joint tenancy. The notice is not complicated to draft - it merely has to refer to both parties, the property and the intention to take the notice as notice of the severance of the joint tenancy.

 

Form SEV would then be submitted to the Land Registry who would then update the registered title for the property accordingly.


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Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
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