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Tenants in common/ joint tenancy
We want to change from joint tenancy to tenants in common and, to that end have downloaded the relevant forms from the gov site. However there are no notes to advise how the forms should be filled out. At least nothing that my addled brain could understand. Presumably I should go to a solicitor to get this work done? Any ideas if it should be simply someone who does conveyencing? any help appreciated.
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To sever a joint tenancy, all that is required are words of severance in writing. I don't know what forms you are referring to, but I understood that all that was required was for you to write to your joint tenant saying something along the lines of "Accept this document as my severance of our joint tenancy and that we now hold the property as tenants in common".
You can serve written notice on each other and acknowledge receipt of the notices. This would be sufficient evidence to a court that you intended the joint tenancy to be severed. However, ideally you should complete the Land Registry forms as they will enter a restriction against the property to reflect the property being held as tenants in common . I assume the property is held in equal shares. Your local Land Registry should be able to assist you in filling in the forms. Hope this helps
Law 1 is correct a restriction on the entry of the Land Registry Title will provide a legally binding severence of a joint tenancy so that any persons dealing with the land will know that you are now tenants in common (you are aware that "Tenants" in this sense does not refer to a tenancy agreement such as an Assured Shorthold Tenancy but the legal and equitable interests held by you your partner and any mortgagor)
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