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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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do i have to sign a notice of severance of joint tenancy.

Customer Question

do i have to sign a notice of severance of joint tenancy. tenants in common. i live in the house and pay the FULL mortgage and bills and have done so since Nov 12.
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Are you tenants in common at the moment??
Customer: replied 4 years ago.

i bought my property with my ex partner in 2008 both our names are on the deeds. we split early last year and he moved out leaving me to payy all the bills and mortgae. today i received a notice letter of severance in the joint tenancy in equity of the property. saying the property will belong to me and my partner a tenant in common

Expert:  James Mather replied 4 years ago.
It means that if he dies you dont get the property but it passes in accordance with his will. you cant stop it anyway so just acknolwedge it and that is it. Make sure that you mention the house in yr will.

Does that answer the question? Can I assist any further?

I am happy to follow up any individual point you make

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Customer: replied 4 years ago.

no not really... what im asking is is he giving the house to me or is he trying to hold onto it and sell his share. please not im paying for it

Expert:  James Mather replied 4 years ago.
No problem. that wasnt actually what you asked. no he is isnt giving you the house, on the contrary he is severing yr interest from his.
He doesnt have the pay the mortgage or bills of a house he doesnt live in although he remains liable to the lender if you dont pay it.
If you move out you are both liable to pay the mortgage and bills now and the other remains liable for non payment on joint and several basis.
Does that answer?

Customer: replied 4 years ago.

yes thank you. can i appeal against this wil a lawer?

Expert:  James Mather replied 4 years ago.
You cannot do anything about the severance, no. What are you trying to achieve?
I am offline shortly until later
Customer: replied 4 years ago.

i want to keep the house. i did offer him money but he didnt think it was enough. i want the house in my name - i have applyed to buy the house all the shares including the second mortgage.

Expert:  James Mather replied 4 years ago.
How much is it worth and how much did you offer?
Will he sell if you can agree a price?