Ex has sever joint tenancy but claiming to be legal/beneficial joint owner

notrippedoff

Hi,

As title suggests really.

3rd - letter from land reg. Ex has severed joint tenancy. Forms were served to land reg on 1st.

4th - letter from her solicitors, pre action letter of claim. Letter states that 'our client is the legal and beneficial joint owner of the property and is entitled to exactly one half of the value of the same'.

The difference is only minor, few grand, but I would prefer her not to get her hands on it. Has she shot her self in the foot here? Land reg saying we are now tenants in common and I have proof by way of bank statements and a letter from her stating I put in an extra few thousands.

Don't understand why solicitor would sever joint tenancy then claim she owned half by way of being joint owner.

Any advice duly appreciated.

anselld

TIC 50:50 split is no different to Joint Tenants as far as ownership % is concerned. It just means each owner separately owns half rather than both jointly owning the whole.

TBagpuss

It's sloppy wording by her solicitor.

Severing the joint tenancy means you each have a distinct share and that you would not automatically get your ex's share on her death, (and she wouldn't get your share if you died)

If there is no other agreement, then the presumption is that you now hold as tenants in common in equal shares.

The fact that you put more in when you bought the house would not automatically mean that you now own in unequal shares, as buy holding as joint tenants in the meantime, it;s likely to be argued that there was never any joint agreement or expectation that you would have a bigger share.

If she has confirmed since the Joint Tenancy was severed that she accepts that you should get your original deposit back then you are in a stronger position to argue for an unequal split. If she confirmed this after you separated but before the joint tenancy was severed you may have an argument.

If it is only a couple of thousand then it may be more expensive to fight over it.

Are you planning to sell the house or is it going to be transferred to you or to your ex?

I assume you were not married- if you were married then the court has a lot more flexibility in how assets are divided

notrippedoff

TBagpuss wrote: »

If she has confirmed since the Joint Tenancy was severed that she accepts that you should get your original deposit back then you are in a stronger position to argue for an unequal split. If she confirmed this after you separated but before the joint tenancy was severed you may have an argument.

If it is only a couple of thousand then it may be more expensive to fight over it.

Are you planning to sell the house or is it going to be transferred to you or to your ex?

I assume you were not married- if you were married then the court has a lot more flexibility in how assets are divided

I have a letter from her prior to her severing the joint tenancy when we were first considering selling the house that I should receive the first £4k due to the fact that I put in a higher deposit.

She has only recently severed the joint tenancy following the house failing to sell at close to asking price.

I am offering to buy her share in line with a RICS valuation and average of offers we received.

No married no - thank god! No kids either