How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7626
Experience:  UK solicitor holding an England and Wales practising Certificate.
28732269
Type Your Property Law Question Here...
Thomas is online now

My partner and I own the property as joint tenants however

Resolved Question:

My partner and I own the property as joint tenants however there was a charge on the property And was agreed by both parties to allow the charge on the property does this change the original joint tenancy ?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Having a charge on a property does not dictate that you must hold the property as “tenants in common”.

It does not sever the joint tenancy that you have as a result of opting to hold your interests as “joint tenants”.

Therefore, you will remain holding as “joint tenants” until one of you severs the joint tenancy. Either is free to do this, but notice of it would be sent to the other owner.

If you wish to check yourself absolutely how you hold your interests, then you can check by downloading a copy of the register for the property from the Land Registry by paying a £4.00 fee:-
http://www.landregistry.gov.uk/wps/portal/Property_Search

Look at the proprietorship register of the title you have downloaded from the Land Registry (where the proprietors of the property are listed). If the following entry is immediately below the named registered proprietors then the interests are held as tenants in common:-

" No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Court"

If there is no such entry then the property is held as joint tenants.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kindly rate my answer if you are satisfied with the information I have provided.

Kind regards,


Tom
Thomas and other Property Law Specialists are ready to help you