Tenants in common?? How to find out if this is valid

castle96

Amazing. Does this only apply 50/50? I would be quite miffed if my partner did this to me

doodling

Hi,

castle96 said:

"Note that someone can decide to change the ownership from Joint Tenants to Tenants in Common without the agreement of the other owner."

!!!!!!!!!!! IS this really true? Surely not !

Of course it is - see Joint property ownership: Change from joint tenants to tenants in common - GOV.UK (www.gov.uk)

Why do you think the permission of the other owner should be required?

castle96

Why not . It is something WE owned 100% each, and that is being changed against my will to another % (could it only be 50/50?)

doodling

HI,

castle96 said:

Why not . It is something WE owned 100% each, and that is being changed against my will to another % (could it only be 50/50?)

The default assumption (but rebuttable, with appropriate evidence) for Tenants in Common is equal shares.

What would you propose should happen in the case of separating couples?  I suspect that the effect of making Joint Tenancies non-severable would be to simply increase the workload of the courts with little other benefit.

Keep_pedalling

castle96 said:

Amazing. Does this only apply 50/50? I would be quite miffed if my partner did this to me

If you could not do that it could cause many issues, if you separated or one of you lost the mental capacity to agree to the split. 

castle96

what about if it was not a separating situation.

poppystar

castle96 said:

what about if it was not a separating situation.

If someone did that then it would fast become a separating situation when I found out!

poppystar

Keep_pedalling said:

castle96 said:

Amazing. Does this only apply 50/50? I would be quite miffed if my partner did this to me

If you could not do that it could cause many issues, if you separated or one of you lost the mental capacity to agree to the split. 

Equally the severance would have knock on effects for the other partner if they did not know, wouldn’t it? Wills being one - as it could result in losing the roof over your head if the other tenant in common was to die and to have Willed their half elsewhere. 

castle96

exactly (even if they DID know). ! While this CAN be done, it is just not RIGHT that someone can mess about with 'my' 100%

castle96

How to apply if the other owners do not agree to the change

1. Serve a written notice of the change (a ‘notice of severance’) on the other owners - a conveyancer can help you do this.

SO they WOULD know, just 'may' not agree/like it