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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
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Experience:  Over 20 years experience
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I currently hold my property jointly with my husband in the

Customer Question

I currently hold my property jointly with my husband in the capacity of Tenants in Common. What is the procedure for changing this capacity to Beneficial Joint Tenants?
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
It is all very straight forward - You obviously need the agreement of your husband to change from being tenants in common to joint tenants.Fill in a new or updated trust deed - a conveyancer can help you do this.Download and fill in the form to cancel a restriction, if one has been registered. https://www.gov.uk/government/publications/cancel-a-restriction-registration-rx3Prepare any supporting documents you need to include.Supporting documentsYou must include one of the following:an original or certified copy of the new or updated trust deed signed by all the ownersa certified copy of a transfer showing that all owners with individual shares of the property have transferred these to all the beneficial joint tenantsa certificate from your conveyancer confirming that all owners with shares of the property have signed a new trust deeda statutory declaration prepared by your conveyancer or a ‘statement of truth’, which can be in form ST5 or one that you can prepare yourselfA statement of truth must be:in writing and include the wording “I believe that the facts and matters contained in this statement are true”signed by the person who makes itThe supporting documents must prove all the following:nobody else except the named joint owners have shares of the property none of the joint owners is being made bankrupt, has a charging order from creditors or is mortgaging their share of the property all the joint owners now own the property together as beneficial joint tenantsSend the form and documents to Land Registry’s Citizen Centre. There’s no fee.Where to send your applicationCitizen Centre PO Box 6350 Coventry CV3 9LPI hope that helps - please rate positively - thanks

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