Title deeds

Oakleylass

Hi, I'm new to this & wondered if anyone can give me advice. Partner & I are tennants in common, and mortgage free. Ownersbip is split 60/40, and thers is a deed of trust clarifying this. However, only partner's name is registered at Land Registry. Should we apply to have me registered also, or should we apply to have a notice lodged with them? If so, can we do this without using legal experts. Can't make much sense of which of LRs forms to use, they don't mame it easg for the layman.
Hoping someone can advise!

xylophone

https://www.tenminutewill.co.uk/help.cgi?page=am_i_joint_tenant



The Title Register Document will show the names of the people that own the property and, if you are tenants in common will also have wording similar to: "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court".

Are you and he not both shown as owners?

SmashedAvacado

i am not sure you can be tenants in common with only one legal owner. If you can, it would be pretty unusual and would not protect the person not named on the title without some other form of protection - you would have one trustee holding on trust for the two beneficiaries. You would want some beneficial interest protection (ie a restriction on the title at the least), but it seems to me that if you have discussed co-ownership you should be joint legal owners with beneficial ownership as you have agreed.

Oakleylass

Thanks. No, definitely only one ame registered with LR. Possibly because mortgage was in his name only. We are definitely tennants in common.

Oakleylass

Also, I understand that joint tennants own equal shares and upon the death of one, the deceased's share is automatically inherited by the surviving partner, whereas in tennants in common, shares can differ from 50/50, and on the death of one, his or her share of the property is bequeathed under the terms of their will, and not automatically to the surviving partner.

Tom99

Is the following restriction listed under the Proprietorship Register?
RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.
If that restriction is there then your partner cannot sell the property without a 2nd person joining in the sale, ie it is there to protect your beneficial interest set out in the deed of trust.

Oakleylass

Thank you all. Think we'll just bite the bullet and enlist solicitor to sort it out.

xylophone

whereas in tennants in common, shares can differ from 50/50, and on the death of one, his or her share of the property is bequeathed under the terms of their will, and not automatically to the surviving partner.

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/do-tenants-in-common-need-a-declaration-of-trust/