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Thomas
Thomas, Solicitor
Category: Property Law
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Experience:  UK solicitor holding an England and Wales practising Certificate.
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With referance Law of Property Act 1925 Section 36(2), and,

Resolved Question:

With referance Law of Property Act 1925 Section 36(2), and, having been served notice by my joint tenant in equity in a property purchased by the both us, to sever this joint tenancy Can I? agree in principal to the severance but, NOT as a trust as joint tenants in common, BUT, to sell off the property in order to dissolve the joint financial arrangement in order to recover monies invested by myself when the property was first purchased
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I’m afraid that act of severing a joint tenancy does not require the agreement or consent of the other party to the tenancy.
All that is required is that a notice of severance is served on the other party to the tenancy by the party wishing the sever the joint tenancy. Provided this is done then the joint tenancy will be severed and the property held as tenants in common.
So, if you have received the notice to sever the joint tenancy then your respective interests in the property are now held as beneficial tenants in common. It will remain as such unless you both agree to change to beneficial joint tenants, which presumably neither of you wish to do.
Should either of you wish to sell the property and the other party does not agree then you would have to apply to court for an order for sale with equity to be determined.
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.
Kind regards,
Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7590
Experience: UK solicitor holding an England and Wales practising Certificate.
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