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This answer was rated:

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

wife?...
how do I register my house as "tenants in common" with my wife?
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Answered in 9 minutes by:
2/21/2013
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,631
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi

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:-
http://www.landregistry.gov.uk/wps/portal/Property_Search

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):-
http://www1.landregistry.gov.uk/publications/?pubtype=49


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

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas
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Experience: BA (Hons), PgDip, Practising Solicitor
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