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SS Legal Advisor
SS Legal Advisor, Lawyer
Category: Property Law
Satisfied Customers: 1053
Experience:  Senior Caseworker at DL Solicitors
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Hope you are keeping well? The property I mentioned

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Hi James, Hope you are keeping well?
The property I mentioned previously where it is owned 50/50 as a joint tenants which is a buy to let property could I request that I want to sell my share of the property and release my equity? Many thanks.
Hi there,You can of course do this. As you currently hold the property as joint tenants, you will need to file an application to sever the tenancy into a tenancy in common - this will split the shares into two seperate 50% shares which you will now be free to dispose off as you please. In order to make the application you will need to apply for a form A restriction or fill in a form SEV (you do not need to have the other owners consent for this). Further info and guidance can be found here - this is done, you can dispose of your 50% as you please and therefore release your equity.I hope this helps and please leave positive feedback. If I can assist with anything else, please do let me know.Kind regards,
SS Legal Advisor and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi, thank you for your recent response. I looked to try and find how I can raise another question for you but didn't know how to. If you could help me to know how I can submit another question for you if that is ok with you that would help. I will ask you the question through this if that is ok?
I have a BTL property with a mortgage on it the mortgage is in joint names it has a declaration of trust on it where I own 98% and she owns 2%. In or around March 2019 we both signed in front of a witness the TR1 form agreeing to the property going in my name only and me buying her out of her share.
I arranged a new mortgage on the property in my name only, paying the valuation fee etc.
The conveyancer dealing with the transaction then sent her an e-mail asking if she was happy to proceed with the transaction which I couldn't understand as we both had signed the TR1 document in front of a witness I would have thought the only thing the conveyancer would have needed to ask her is for the bank details to pay her the 2%.
In response to this e-mail from the conveyancer she then said that my ex wanted to delay the transaction which is having an impact on me financially as the new mortgage payments are much cheaper.
What would you recommend I do so the transfer happens?
Can my ex block the transfer despite her agreeing and signing the TR1 (Transfer)?
What do you recommend I do, it seems so confusing?
Can the conveyancer delay the process as the conveyancer has said she cannot proceed with the transfer due to the fact that my ex is now not wanting to delay the TR1 (Transfer) she agreed to?
I am confused as I thought the conveyancer was acting for me as I am paying her company.
Please would you be kind enough to advise me on what I should do accordingly. Many thanks.
Customer: replied 1 year ago.
Hi There,
I am confused as I have looked at the SEV form to change from joint tenancy to tenants in common and where you mentioned previously I don't need her permission to do this on the SEV form question 7 it says evidence of severance which box would I tick?
In addition once she is advised that this is my intention is to sever the joint tenancy so the property goes to tenants in common is there anything she can do to stop this happening? Many thanks for your help.
Customer: replied 1 year ago.
Please would you be kind enough to answer the last question? Many thanks.

Hi there,

Apologies for the late response.

No, your wife cannot stop you severing at any point (she will have no say so whatsoever). i would mark section 7 (c) and mark the second box to state that you have left a copy of the notice of severance.

A notice is simple and can be drafted up online - please use the following tool -

I hope this helps and please let me know if you have any further questions.

Kind regards,