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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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What does it mean to get a notice served on you, pursuant to

Resolved Question:

What does it mean to get a notice served on you, pursuant to THE LAW OF PROPERTY 1925 Section 36(2)
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.

wingrovebuyer : Hello. Please confirm that you own the property jointly with another person. Is this an ex?
Customer:

She vacated the Home on 11th last month. Since then she has taken everything from the house and grounds which were hers, inclusive of property which is mine in the way of Tools.

Customer:

She now has her own rented property.

Customer:

There is a large equity owing on the House todate £52,000 she has received £18, 750. 00 as we split it 50/50. House has been valued at £105,000 less selling fees. I have receipts for £8,750 I have spent on the property, this is inclusive of a new Boiler put in Oct 2013.

wingrovebuyer : Ok, well this fits. A section 36(2) notice is served in order to sever a "joint tenancy". When you buy property with another person, you acquire the legal title (ie the right to deal with the property) and the equitable title (ie the right to the proceeds of sale). In law, you must have a joint tenancy for the legal title. In this case, tenancy is used in the old sense of ownership, not in the modern sense of renting. In respect of the equitable title, you can own either as joint tenants or as tenants in common. If you are joint tenants, your share in the property passes automatically to the other owner if you die. However,it you own as tenants in common, your share does not pass automatically and can be left to another person.
wingrovebuyer : So, this notice terminates the joint tenancy and means you now own the property as tenants in common.
wingrovebuyer : It's a fairly common thing to do when people who own as joint tenants split up.
Customer:

Does this mean that I don't have to put the house on the Market at the stated Value, and give her her share when sold, or can I remain here till I die and she then gets it.

wingrovebuyer : You don't have to do anything. However, she could go to court and get an order which would force a sale. The notice you've received only relates to changing the way you hold your shares, and isn't about selling etc.
wingrovebuyer : If you died, she would not get your share - she would have before, but not now, after serving the notice.
Customer:

Surely to do this we have to be divorced and this issue is decided in the Court, where I can offer a cash settlement. If she does pursue a line to make this happen. I am 71 and disabled also a Militarey Veteran with PTSD.

wingrovebuyer : The ownership of the property would be dealt with in divorce proceedings,yes, but there's also nothing stopping her from applying to the court for an order for sale now. However, she might not succeed if you can show your need to keep the property is greater than her need to sell it. The notice you have received does not relate to any of that though - only to severing the joint tenancy.
Customer:

I have also purchased the leasehold to freehold in my name only for the land and property, does this hold me in a bargening position, now I have done this. I am also refusing to divorce her. The documentation I have received from her solicitor has now been shredded, I will neither sign or reply to any correspondence, unless it is from the court.

wingrovebuyer : Not really - the leasehold and freehold are each titles in their own right. Sorry, I can't comment on divorce law issues, only pro
wingrovebuyer : property law. Best, WB
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience: Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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