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

13

Comments

  • xylophone
    xylophone Posts: 45,988 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

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


    Supporting documents

    You should include an original or certified copy of the notice of severance signed by all the owners.

    If you cannot get the other owners’ signatures you can instead send a letter certifying that you’ve done one of the following with the notice of severance:

    • given it to all the other owners
    • left it at the other owners’ last known home or business address in the UK
    • sent it by registered post or recorded delivery to the other owners’ last known home or business address and it has not been returned undelivered
  • castle96
    castle96 Posts: 3,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    yeah ok, but it's just not right IMO
  • doodling
    doodling Posts: 1,352 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Hi,
    castle96 said:
    exactly (even if they DID know). ! While this CAN be done, it is just not RIGHT that someone can mess about with 'my' 100%
    But I isn't really your 100% ownership, that might be the way it is described but there is only 100% to distribute between two owners.

    The alternative viewpoint is "why should my partner dictate what I do with my 100%?".

    As has been mentioned, this shouldn't happen without you being notified, both by your joint owner and also by the land registry notification service you've hopefully signed up to.

    If your relationship is such that your joint owner would do this without discussion then Joint Tenants is not for you.
  • castle96 said:
    what about if it was not a separating situation.
    Irrelevant, anyone who owns a property with other persons, is entitled to put their ownership into TiC, and there are many reasons to do so. It would be unfair for any other joint owner to be able block the move. For married couples who still have good relationships it is highly unlikely one of them would do this unilaterally.
  • castle96
    castle96 Posts: 3,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    so what % could they deem/apply for? Is it 50/50, or if they had put in an initial £, would that be taken into account?
  • castle96
    castle96 Posts: 3,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    " highly unlikely one of them would do this unilaterally."

    why? they may deem it to be to their (? future) 'advantage'. If I was in this situation, I still would not want my/or original purchase method being changed without my permission
  • castle96 said:
    " highly unlikely one of them would do this unilaterally."

    why? they may deem it to be to their (? future) 'advantage'. If I was in this situation, I still would not want my/or original purchase method being changed without my permission
    I was talking about couples with good relationships, such action would suggest they don’t have one.
  • castle96
    castle96 Posts: 3,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    why? Everyone has different opinions... circs change... you dont have to have a bad relationship to do this
  • castle96 said:
    so what % could they deem/apply for? Is it 50/50, or if they had put in an initial £, would that be taken into account?
    That would be the assumption unless a declaration of trust had been drawn up in the past to say otherwise. The land registry do not record the share owned by joint owners.
  • castle96
    castle96 Posts: 3,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    still can't believe this can take place
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