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JustAnswerKM
JustAnswerKM, Solicitor
Category: Property Law
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Experience:  Court of Protection, civil litigation, divorce and inheritance
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I have a property ownership with 2 other people on a joint

Customer Question

I have a property ownership with 2 other people on a joint tenancy agreement. One owner has just passed away. I was told their ownership now ends and it is now owned by the two remaining parties. Then I get told on the day of their death, the other party had written a letter stating they were disolving the joint tenancy and making it a tenancy in common and giving their share away in a will.
We were not aware of this and apparantly needed to be served the notice. Does the joint tenancy still stand as we were not served or does it have to change to a tenancy in common. I am confused over the "serve" meaning.
Basically will the te***** *****ge just on the signing of a disolving letter or does it need to be served in some fashion before the person passes away?
Submitted: 9 months ago.
Category: Property Law
Expert:  JustAnswerKM replied 9 months ago.
Good evening Thank you for your message. I will do my best to help. I will be setting out my answer in relation to the person that passed away. If that is not the case, hopefully my comments answer your question anyhow. It sounds as though the person that passed away has changed the manner in which they owned the property by 'severing' the tenancy. Firstly they can prepare a Deed of Severance and serve it on all the owners for their signatures. The Deed of Severance confirms that they intend to own the property not as Joint Tenants but as Tenants In Common. If none of the other owners consent to the change, they can issue a 'Notice of Severance' together with the Deed of Severance. They would have to prove that they notified the other owners by sending the Notice by secure means (left it at the last known address, recorded delivery etc). If the property is registered with the Land Registry then the Deed of Severance is sent to them and they will enter the appropriate restriction on the title to indicate a Tenancy in Common. If the person managed to do all this before they passed away, then the restriction stands and their share will pass in accordance with their Will. I hope that helps. Kind regards Krystel
Customer: replied 9 months ago.
HiThanks so much for getting in touch.So as I have never received any form of communication in relation to a severance and the land registry have not been informed would the joint tenancy still be in place. It has been 2 weeks since they passed away and I have still not received any notification.Could I presume that even though he has signed a document it is not enough to change the tenancy as he has passed away before he has served it.Dave
Expert:  JustAnswerKM replied 9 months ago.
Dear ***** Rightly so, it is not enough that he has just signed the papers. As long as there is no pending application to the land registry and they have no record of the severance, the tenancy remains as it was. Krystel
Expert:  JustAnswerKM replied 9 months ago.
Please feel free to rate my answer. Kind regards Krystel

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