Land Registry - Severance of Joint Tenancy

Bonbina321

I'm in the midst of an amicable DIY divorce and my ex and I have agreed to sever the joint tenancy on our jointly owned house (I have been living in it with my children for the last two years and there will be an agreement made under the upcoming financial consent order done via a solicitor).


Is it right that I just need to apply for a Form A restriction using the SEV form, which I can fill out myself and we just both sign to sever the joint tenancy then send off to the Land Registry?


As an added complication, I reverted back to my maiden name via deed poll when we split, but I haven't changed this with the Land Registry - do I need to do that too and how?


Many thanks in advance for your help!

Guest101

2 things:


1 you already have solicitors, why not get them to do it.


2: what do you mean severe the joint tenancy? Is the property mortgaged?

EachPenny

Bonbina321 wrote: »

I'm in the midst of an amicable DIY divorce and my ex and I have agreed to sever the joint tenancy on our jointly owned house (I have been living in it with my children for the last two years and there will be an agreement made under the upcoming financial consent order done via a solicitor).

Is it right that I just need to apply for a Form A restriction using the SEV form, which I can fill out myself and we just both sign to sever the joint tenancy then send off to the Land Registry?

As an added complication, I reverted back to my maiden name via deed poll when we split, but I haven't changed this with the Land Registry - do I need to do that too and how?

Many thanks in advance for your help!

From memory helping a friend a few years ago it was a simple process and you dont need a solicitor to do it, although if you are using one already it might be worth checking the details during another phone call/meeting with them. (i.e. avoid a separate chargeable 'event' unless you consider it necessary).

The key part as I remember was the need for one party to serve notice on the other, otherwise the Land Registry cannot proceed. The notice isn't complex and you should be able to find on the internet what you need to say in it.

Someone else with better legal knowledge may give you an answer first, but I'll have a look in my notes and see what it was my friend had to do.

Bonbina321

Guest - I have only paid a solicitor for the financial consent order so it would incur additional costs. Yes the property is mortgaged and we currently have a joint tenancy, I want to move to tenants in common.

Penny - do you think serving notice is needed if both of us are in agreement and sign?

Mojisola

Bonbina321 wrote: »

do you think serving notice is needed if both of us are in agreement and sign?

With these official things, belts and braces are a good idea.

Why miss out a simple thing now if it could lead to problems in the future?

AIUI, one of you should put in writing (a simple letter, although you can buy forms over the internet) saying that you are giving the other notice of the severance of the joint tenancy (give property address) and that you will in future own the property 50/50 (or whatever).

Your other half should sign to acknowledge receipt.

One person can sever the joint tenancy without the agreement of the other but you can add in that you both agree if you wish.

EachPenny

Bonbina321 wrote: »

Penny - do you think serving notice is needed if both of us are in agreement and sign?

To be honest I'm not sure, as in my friend's case they were very much not in agreement From memory the notice to the other party had to be served whether or not there was agreement, possibly something had to be sent to the mortgage company too.

I won't be able to check until I get home and can have a look at my notes.

You may get a quicker and more accurate answer if you ask the question on the "Marriage, Relationships & Families" board - there are bound to be people on there with recent experience of dealing with property as part of divorce proceedings.

00ec25

Bonbina321 wrote: »

I'm in the midst of an amicable DIY divorce and my ex and I have agreed to sever the joint tenancy on our jointly owned house (I have been living in it with my children for the last two years and there will be an agreement made under the upcoming financial consent order done via a solicitor).


Is it right that I just need to apply for a Form A restriction using the SEV form, which I can fill out myself and we just both sign to sever the joint tenancy then send off to the Land Registry?


As an added complication, I reverted back to my maiden name via deed poll when we split, but I haven't changed this with the Land Registry - do I need to do that too and how?


Many thanks in advance for your help!

I assume you have already googled the relevant websites where the processes are explained?

sever joint tenancy:
https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

notify Land Registry of name change:
http://blog.landregistry.gov.uk/tag/name-change/

https://www.gov.uk/registering-land-or-property-with-land-registry/update-or-correct-the-register

Bonbina321

Thanks for the further responses - that does help clarify the process for me.

00ec25 - yes, I googled, but it still didn't feel clear to me so I was asking for a bit more of a layman's explanation.

Thanks all!

Guest101

Just to advise I think you would need consent from your lender too

david1951

Guest101 wrote: »

Just to advise I think you would need consent from your lender too

I also advise contacting your lender. They will tell you if they require you to use an approved solicitor. This is typically the case for transfers of equity between joint tenants, and may well be the case for any other LR application.

DarrenMoneySaving

don't need consent from lender, you're just splitting the equity not transferring it and yes anyone can fill in and file a SEV form to the land reg