severance jooint tenancy

[josieann]

thanks once again slude for repying to my question.

intersting what you say about one person not being able to sever joint tenancy without the agreement of the other.  do you have any evidence that would support what you say because it has happened to me and the solicitor seems to think that because i received notification that he wanted to sever joint tenancy it was enough even though i never signed or acknowledged it myself.  he did not sever joint mortgage and did not contribute anything to payment of mortgage or endownment policy after we divorced.  please let me have any info you have i will appreciate it.

[Sludge]

Holding property in a joint tenancy is a contract between the parties concerned. It is a contract without an escape clause because its sole purpose is is to give total security to a matrimonial family. It is founded in the notion that we marry once and stay married for life. I emphasise the purpose and that because of this the absence of an escape is quite deliberate. Neither party can "give notice" to end a joint tenancy because there is nothing to give notice about - the contract is such that there cannot be a breach of any duty at all, let alone a breach that can bring about termination. During the life of the parties a joint tenancy can only be ended by both parties agreeing. Non payment of the mortgage and endowment is another discussion, I'm afraid. The letter that your solicitor has seems to me to be an indication from your ex that he is willing to end the joint tenancy, it cannot be anything else. If this is what you want, why do you not accept? You (or your solicitor) then simply have only to notify your mortgage lender of the agreement and your mortgage lender will do all of the work as I have previously said. 

[Didwot]

Coming late to this thread my answer is any joint tenant can sever a joint tenancy by notice to the others. My authority for this is Sectionj 36 of the Law of Property Act 1925.