Joint tenants to tenants in common

tanith

We need to change the deeds of our house from Joint Tenants to Tenants in Common as we want to write our wills and what we wish to do isn't possible as Joint Tenants... I found some firms who do this for a fee £50 or so but wonder if its simple enough to do it myself... I did read a little about the process but it did seem a bit complicated... I just wonder if anyone has done this themselves and how easy/hard was it?

moonrakerz

It is very easy. Go onto the Land Registry web site and just download the forms:- AP1, TR1 & ID1. It was £70 to do the transfer - which of course you would have to pay anyway on top of the £50.
I'll do it for £40 !

wise_fool

moonrakerz wrote: »

It is very easy. Go onto the Land Registry web site and just download the forms:- AP1, TR1 & ID1. It was £70 to do the transfer - which of course you would have to pay anyway on top of the £50.
I'll do it for £40 !

In which case it would help if you used the right form. A form SEV is the correct one.

Just beware once you've done this, you want to get your wills in place ASAP as all sorts of complications could arise if you die without a will in place.

moonrakerz

wise_fool wrote: »

In which case it would help if you used the right form. A form SEV is the correct one.

It would help if YOU were to use the rights forms !


1. I used AP1 and TR1 AS ADVISED by the Land Registry !!

2. I suggest you READ the description of Form SEV. IT IS NOT for a transfer. SEV is used to "enter a Form A restriction on the severance of a tenancy"

3. ANY application to the Land Registry (on whichever form) HAS to be accompanied by Form AP1 (Application to change the Register) as well.

4. Unless the applicant(s) is a "professional conveyancer" or represents a UK Bank or Building Society each applicant must supply a form ID1 as well.

5. Form TR1 is an application "to transfer whole of registered title(s)", which is just what the OP wishes to do !


Perhaps you should change your nom de plume :rolleyes:

wise_fool

moonrakerz wrote: »

It would help if YOU were to use the rights forms !

1. I used AP1 and TR1 AS ADVISED by the Land Registry !!

2. I suggest you READ the description of Form SEV. IT IS NOT for a transfer. SEV is used to "enter a Form A restriction on the severance of a tenancy"

3. ANY application to the Land Registry (on whichever form) HAS to be accompanied by Form AP1 (Application to change the Register) as well.

4. Unless the applicant(s) is a "professional conveyancer" or represents a UK Bank or Building Society each applicant must supply a form ID1 as well.

5. Form TR1 is an application "to transfer whole of registered title(s)", which is just what the OP wishes to do !


Perhaps you should change your nom de plume :rolleyes:

....And you need to read the opening post properly, which is about changing the ownership of a property from joint tenants to tenants in common. This is done by severing the joint tenancy by entering a restriction at the Land Registry.

Baggysdad

Follow wise fools advice. There is no Land Registry fee that way.

Ignore moonrakerz advice - no doubt it was given with the best intentions but it is some or the worst legal advice I have seen given on this forum.

While it will achieve what you want, it is a cumbersome and expensive way to do it. And if he does the work for you and he charges you £40, he will be committing an offence under the Legal Services Act 2007 - unless he is a solicitor or a conveyancer - and if he is either of those and giving the advice he has given, then I think we all need to give up.

moonrakerz

wise_fool wrote: »

....And you need to read the opening post properly, which is about changing the ownership of a property from joint tenants to tenants in common. This is done by severing the joint tenancy by entering a restriction at the Land Registry.

Have you ever actually done this ?

I HAVE done exactly what the OP asked how to do.

I did it exactly as instructed by the Land Registry.

From the Land Registry website:-

"The Form A restriction does not itself
change the ownership from a
beneficial joint tenancy to a tenancy
in common. The restriction only
reflects the change you have made."

moonrakerz

Baggysdad wrote: »

Follow wise fools advice. There is no Land Registry fee that way.

Ignore moonrakerz advice - no doubt it was given with the best intentions but it is some or the worst legal advice I have seen given on this forum.

While it will achieve what you want, it is a cumbersome and expensive way to do it. And if he does the work for you and he charges you £40, he will be committing an offence under the Legal Services Act 2007 - unless he is a solicitor or a conveyancer - and if he is either of those and giving the advice he has given, then I think we all need to give up.

Have you ever done this either ??

tanith

Well thanks everyone for the differing advice... I'll take a look at the Land Registry site and see if I think I could manage it... I just knew it wasn't going to be straight forward.... but then again maybe it is... lol

Newly_retired

We did it ourselves. Cannot possibly remember which forms we used, but it was very straight forward, as I recall. Made new wills very soon after, using a solicitor for mine ( more complex ) and DH copied the relevant parts into his re house.

Baggysdad

Have you ever done this either ??

Yes.

Your advice is not wrong - you can achieve what the OP wants using your method - but it is an expensive way to do it because there is a 'scale one' Land Registry fee payable.

Using the method suggested by wise fool achieves EXACTLY THE SAME RESULT with NO FEE payable to Land Registry.

I will guide readers of this thread to Land Registry Public Guide 18. And in particular section 4.1.

See here:
http://www1.landregistry.gov.uk/assets/library/documents/public_guide_018.pdf