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  • FIRST POST
    • loulou41
    • By loulou41 8th Sep 17, 5:04 PM
    • 2,627Posts
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    loulou41
    DIY severance of joint tenancy
    • #1
    • 8th Sep 17, 5:04 PM
    DIY severance of joint tenancy 8th Sep 17 at 5:04 PM
    I am advised that this is very simple to do without professional help. Solicitor wants £140. The form is very simple but am not sure what is the deed trust am supposed to send with the completed sev form. Was thinking to pay solicitor £740 to drawn the property trust wills incorporating life interest and do the sever joint tenancy myself. Looking at the land registry website I need to send a deed trust and a completed sev form. Can anybody help pl. Thanks
Page 1
    • SevenOfNine
    • By SevenOfNine 8th Sep 17, 6:35 PM
    • 1,164 Posts
    • 1,108 Thanks
    SevenOfNine
    • #2
    • 8th Sep 17, 6:35 PM
    • #2
    • 8th Sep 17, 6:35 PM
    We severed our Joint Tenancy in 2007, the solicitor did it. Along with the application there was another separate document which said all this:

    Notice of Severance of Joint Tenancy

    1.) (a) We are the joint owners of the property full address is typed in here ('the property')

    (b) We hold the Property and the future proceeds of sale on behalf of ourselves as beneficial joint tenants so the in the event of the death of either of us the survivor will become the sole owner

    2.) Having regard to the considerations of inheritance of our estate it would be preferable to convert our beneficial joint tenancy into a tenancy in common so that we each have the right in future to dispose of our individual interest in the Property and its proceeds of sale under our respective Wills.

    3.) Accordingly by virtue of the proviso to section 36(2) of the Law of Property Act 1925, each of us hereby gives notice to the other of our desire to sever as from the date of this notice our joint tenancy in equity over the Property and we hereby separately declare that the joint tenancy is thereby duly severed in equity to the intent that we shall from the date of this notice hold the Property and the future proceeds of sale as tenants in common in equal shares.

    Dated this 4th day of September Two Thousand and 07

    .......................................
    JOHN ALBERT DOE


    .......................................
    JANE AMANDA DOE

    Obviously, own names & signed on the dotted lines. The green text we WROTE in ourselves on signing, there was a typed line under the 07.

    Word for word, distinct lack of punctuation as is the legal way, layout lines up a little neater than I can show here.

    TBH I've no idea if this is what might be referred to as the "Deed Trust" but if it's not there was nothing else apart from the form.
    Last edited by SevenOfNine; 08-09-2017 at 6:46 PM.
    Seen it all, done it all, can't remember most of it.
    • Yorkshireman99
    • By Yorkshireman99 8th Sep 17, 6:44 PM
    • 3,312 Posts
    • 2,665 Thanks
    Yorkshireman99
    • #3
    • 8th Sep 17, 6:44 PM
    • #3
    • 8th Sep 17, 6:44 PM
    I am advised that this is very simple to do without professional help. Solicitor wants £140. The form is very simple but am not sure what is the deed trust am supposed to send with the completed sev form. Was thinking to pay solicitor £740 to drawn the property trust wills incorporating life interest and do the sever joint tenancy myself. Looking at the land registry website I need to send a deed trust and a completed sev form. Can anybody help pl. Thanks
    Originally posted by loulou41
    Given the very expensive consequences if you get it wrong and that you say you do not understand how to do, means it is false economy to DIY the job.
    • loulou41
    • By loulou41 8th Sep 17, 6:52 PM
    • 2,627 Posts
    • 170 Thanks
    loulou41
    • #4
    • 8th Sep 17, 6:52 PM
    • #4
    • 8th Sep 17, 6:52 PM
    Thanks I think will get solicitor to do it for peace of mind.
    • SevenOfNine
    • By SevenOfNine 10th Sep 17, 9:48 AM
    • 1,164 Posts
    • 1,108 Thanks
    SevenOfNine
    • #5
    • 10th Sep 17, 9:48 AM
    • #5
    • 10th Sep 17, 9:48 AM
    TBH I think you should definitely get an appropriate solicitor to handle all your affairs, you sound awfully confused...................
    http://forums.moneysavingexpert.com/showthread.php?t=5703883

    Why are you asking about severing your joint tenancy here, whilst saying a week ago that the house is in your sole name?

    Unless of course you really want to change it to "include his name", presumably as a joint tenant so that you can go through the process of changing it again to tenants in common. No logic there whatsoever!
    Last edited by SevenOfNine; 10-09-2017 at 9:52 AM.
    Seen it all, done it all, can't remember most of it.
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