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Clare, Solicitor
Category: Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I and my 2 siblings own a flat in London under a Joint Tenancy

Customer Question

I and my 2 siblings own a flat in London under a Joint Tenancy arrangement. I would like to make this a Tenancy in Common arrangement for reasons of inheritance. If I do this, and I understand that I can regardless of my siblings wishes, will we each own one third of the flat? If we felt that the size of each of our share should vary - eg we wanted the shares to be 40%, 40% and 20%, what is the process for doing this?
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you currently own the property in equal shares?
Customer: replied 3 years ago.

The assumption has always been that I and my siblings own the property in equal shares, but this has never been spelt out in any formal document. If we were to agree that the shares should not be equal - on account of our different circumstances and needs (eg two of us each have 2 grown-up children, and our other sibling has no dependents), does this need to be put into a document?

Thanks for your reply. Happy to wait for an answer

Expert:  Clare replied 3 years ago.
In fact what would determine whether or not one or more of you should have a larger share than the others would be contribution not needs.
You can indeed sever the joint tenancy so that you each own your share of the property without the agreement of your siblings.
However if you do not accept that there should be equal shares you will need their agreement or a court order to change that
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

Many thanks for your help


Expert:  Clare replied 3 years ago.
You are most welcome - I hope all goes well