Tenants in Common - RX1

nxdmsandkaskdjaqd

Could I please request confirmation that the form RX1 is the correct form to apply for Tenants in Common?

House currently owned by married couple.

Touchstone_2

I am not sure if what I write will be correct in your circumstance but.
For the purpose of making a new will, I am in the process of changing from Joint Tenancy to Tenancy in Common. To do this it is necessary to sever our Joint Tenancy agreement, my wife and I being joint owners. To complete this we required Form SEV. We have such a form upon which the following is printed.

"Form RX1 should be used for an application following severance in other circumstances".

Elsewhere on the forum, about 2008 I think, there was a long and complicated discussion about the correct forms to use. i.e. AP1/TR1/ID1. Within the context of those discussions it was said that Form RX1 had been superseded/replaced by Form SEV. All obtainable from HM Land Registry.
NOTE: I understand that the RX1 form, which is still in use, is a way of legally restricting your property from being sold without consent.
Not sure if the above will help, but there are others around who will.

Land_Registry

Apologies for such a late post and assume you have probably found an answer and already auctioned things

Our online guidance explains things from a registration perspective. And in essence you can use either RX1 or SEV and it mainly depends on the circumstances of the severance/change

The register is not the defining detail as to how you hold the property but you can apply to register a form A restriction or sever the joint tenancy on the register as the guidance explains

Form SEV was introduced to help joint owners sever their JT. It does not superseded form RX1

Forms AP1/TR1/ID1 are used when a sole owner transfers to joint ownership for example and part of that process may involve stating how you wish to hold the property either as JT or TIC - a quite distinct application

nxdmsandkaskdjaqd

In addition to the SEV Form, is it still necessary for the husband and wife to write to each other expressing their wish to terminate their Joint Tenancy?

xylophone

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

Land_Registry

nxdmsandkaskdjaqd wrote: »

In addition to the SEV Form, is it still necessary for the husband and wife to write to each other expressing their wish to terminate their Joint Tenancy?

There are a number of ways of doing it so you don't always have to write to one another
xylophone's link explains the options re registering a change on the land register

nxdmsandkaskdjaqd

The document states:

""Send the form and trust deed to HM Land Registry’s Citizen Centre.""

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

Could you advise what the trust deed is please?

Land_Registry

Joint owners can enter into a trust deed which is one of the options referred to in the online guidance linked to above

There are various ways in which you can change from joint tenants to tenants in common some of which may then lead to an application to register that change with us.

I would strongly recommend reading the linked guidance and if you have any doubts or issues over how best to proceed then seek legal advice

nxdmsandkaskdjaqd

Land_Registry wrote: »

Joint owners can enter into a trust deed which is one of the options referred to in the online guidance linked to above

There are various ways in which you can change from joint tenants to tenants in common some of which may then lead to an application to register that change with us.

I would strongly recommend reading the linked guidance and if you have any doubts or issues over how best to proceed then seek legal advice

Thank you for the reply. I have read the linked guidance, but unfortunately it didn't specifically answer my question. The section Check Your Ownership Details talks about checking your ownership details using property transfer, property lease, trust deed, also known as a ‘declaration of trust’. In addition, section 3 Change From Joint Tenants to Tenants in Common, states Send the form and trust deed to HM Land Registry’s Citizen Centre.

I am unable to locate anywhere in the document where it talks about “how Joint Owners can enter into a trust deed which is one of the options”.

Could you help some more on the various options please?

G_M

To set up a trust deed, consult a solicitor.

Land_Registry

nxdmsandkaskdjaqd wrote: »

Thank you for the reply. I have read the linked guidance, but unfortunately it didn't specifically answer my question. The section Check Your Ownership Details talks about checking your ownership details using property transfer, property lease, trust deed, also known as a ‘declaration of trust’. In addition, section 3 Change From Joint Tenants to Tenants in Common, states Send the form and trust deed to HM Land Registry’s Citizen Centre.

I am unable to locate anywhere in the document where it talks about “how Joint Owners can enter into a trust deed which is one of the options”.

Could you help some more on the various options please?

If you want to check how it is held then the list of possibilities is provided to help understand where such details might be held.
But that is not the same as saying there must be one of each for example.

IF a trust deed has been entered into but the terms are then changed, you enter into a new trust deed - so if you are changing as section 3 refers then it is assumed there is a new trust deed to back that up

I don't follow your last point though, sorry