Thank you for your question. My name is ***** ***** I will try to help with this.
You serve a notice of Severance of Joint Tenancy on your coowner. They cannot refuse it and they cannot object to it. It is simply a letter addressed to them regarding the property which states that
Mr , Re Property XZA
I hereby give you notice that I sever the joint tenancy of the above property
it is as simple as that.
You then record that at the land registry by sending in land registry form SEV. There is no fee.
The land registry deeds will then be amended to enter a Tenants in Common restriction on them, which starts “no disposition by a sole proprietor is to be registered…………” Which may seem rather odd wording but that is what it’s all about.
Can I clarify anything for you?
I am quite certain that it is a joint tenancy but not absolutely, Will the land registry know this or do I contact the original solicitors who managed the mortgage to find out
You can check on the land registry deeds yourself. If a restriction starting
“no disposition by a sole proprietor is to be registered….”
Then it is already tenants in common there is nothing to do. There is no restriction, it is still joint tenants. If it is joint tenants then it doesn’t matter what your Wills says, on death, the property passes to the survivor. If it is tenants in common, the deceased person’s share of property is dealt with as part of their estate in accordance with the terms of their will.
The solicitor that dealt with the original purchase or registration should be able to help you although it may have changed since it was registered.
The deeds are available from the land registry website the payment of 3 pounds and you can download them from the website here