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Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7663
Experience:  UK solicitor
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Re my previous question 03/03/2015 and the last reply received

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Re my previous question 03/03/2015 and the last reply received from Thomas can you advise if my wife could subsequently change to tenants in common by serving notice on the other and then applying to the Land Registry without my agreement /
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you do not agree to severing the joint tenancy, then your wife could serve notice on you severing the joint tenancy. They can then complete Form SEV and send this to the land registry. The land registry would then change the title to tenants in common.
So, you would receive notice from your wife before this happens. The only way that it could happen without your knowledge is if you do not receive notice for some reason or if your wife intentionally used an incorrect notice address/
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,
Customer: replied 3 years ago.

If my wife was able to change the title to tenants in common can you confirm / advise the following.

If she died before me and left the house in her Will to her children what would be my position re my continuing occupation of the house, could her children evict me.

Would I not be able to pass any share of the house value to my children in my / our joint will and the event of my death.

If holding as TIC:
1. Your wife could leave the share to the children. They could not evict you but they could potentially apply for any order for sale of the property at county court if you could not buy them out.
2. You would be able to pass on your share to whoever you wish in your Will
Customer: replied 3 years ago.

I am very concerned with the content of the information being supplied to me. My conclusion is that if my wife decides to take the unilateral decision to change the title to TIC in her will I am powerless to undertake any action which could prevent my wife's children from if they wish take possession of my house in the event of her death before me as I would most likely not have the capital to buy them out.

Is this correct or is there a way I could prevent her potential course of action being successful e.g a joint will.

My plan for a will was that irrespective of which partner died first the other would remain in possession of the house and the children of both partners would have any inheritance split equally among them on the event of the death of the second partner

Well, in theory you would receive notice of the severance of the tenancy, so it's not as if you would not know.
Ultimately, any owner is entitled to determine how they wish to hold their interest in the property.
Similarly with a person's Will they are able to change their Will at any time without telling anyone else, because a person is able to determine where they wish their assets should go when they pass away.
Both are individual decisions. You can arrange your respective Wills to state that in the event of one person passing away they should be able to live in the property for the rest of their lives with the children only inheriting after the second to die. Again though, if your wife (or you) changed their mind on this point they could simply change their Will.
There is nothing you can do to prevent another individual changing their mind on either point (TIC/JT or Wills) in the final analysis and you simply have to trust eachother.
Kind regards,
Thomas and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for your assistance. I do not require any further information.

You're welcome