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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8949
Experience:  Dual qualified Solicitor and Attorney
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Jeremy, The buy to let property owned 50/50 as a joint

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Hi Jeremy,
The buy to let property owned 50/50 as a joint tenants which we previously lived in.Could I request that I want to sell my share of the property and release my equity whilst tenants are renting the property?In the meantime could I request the property be transferred to tenants in common on the title deed? What is the process to achieve this? Could she object this?Many thanks for your help it really is much appreciated.

Hi thank you for your message, yes you could look to sell the property with a tenant. The property will be sold with a sitting tenant which for a BTL usually adds to the value. You could ask it be converted to tenancy in common if she agrees you can sign a form and send it to the land registry if not you will need to go to court. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 1 year ago.
I am so confused, as whilst I could not contact you I was advised to write a one line sentence to her saying that I want to sever the joint tenancy SEV and that I didn't need her permission to transfer it from joint tenants to tenants in common. My concern is that if it is kept as joint tenancy and I pass away that it will immediately pass over to her despite the fact I may have a will requesting it pass onto my daughter. What do you recommend?
Hi thank you for your message, yes that is an option that is called a notice of severance you then need to get the title changed at land registry. You need to fill in this form: https://www.gov.uk/government/publications/form-a-restriction-application-to-enter-sev
to register a restriction without the other owners’ agreement.
Prepare any supporting documents you need to include. Send the form and supporting documents to HM Land Registry’s Citizen Centre. There’s no fee.
You should include an original or certified copy of the notice of severance signed by all the owners.If you cannot get the other owners’ signatures you can instead send a letter certifying that you’ve done one of the following with the notice of severance:given it to all the other owners
left it at the other owners’ last known home or business address in the UK
sent it by registered post or recorded delivery to the other owners’ last known home or business address and it has not been returned undelivered
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 1 year ago.
Thanks Jeremy. So as such I need to do the following;
Download the severance form
Fill the form in
Send her the a letter or give her the letter saying that I want to sever the joint tenancy of the property (what do I need to write on the letter?)
Could she say she has not received the letter and if she does would that void the notice of severance once it has been converted to tenants in common?
In addition once she has received the letter could she object to the property been converted to tenants in common? Many thanks.

Hi thank you for your message, the letter can be in the standard letter format. Put in the subject under the Dear X, Re: Notice to sever the joint tenancy at [insert property address] and title plan number if you have it. You can find some sample wording here: https://www.smarterwebcompany.co.uk/eblawonline-co-uk/_img/pdf/notive-of-severance.pdf

You should send the letter recorded and signed for delivery so you can confirm receipt. That said once it is posted it is deemed received.

She could object but that does not stop it being converted to tenants in common.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 1 year ago.
Thank you, ***** ***** is that is she doesn't sign for the delivery and that way it is undelivered.
Could I send it by normal post that way there is possibly more chance of her receiving the letter or can I hand her the letter personally?
As such am I correct in thinking under no circumstance can she stop the transfer of the property from joint tenants to tenants in common?
The reason for me wanting to change the title to tenants in common is because I have read that my share of the property would immediately pass to her if I died and it would not pass to my daughter is that correct?
As such would you recommend that the property needs to be in tenants in common? Many thanks.

Hi thank you for your message, that is unlikely unless she just refuses to sign for any post that needs signing for as she will not know what it is. I guess you could send it tracked but not signed for. Under no circumstanes that I can think of could she stop the conversion from a joint tenancy to a tenancy in common. You are correct regarding the joint tenancy under something called right of survivorship upon death your share would pass to her and if she predeceased you her share would pass to you. I recommend a tenancy in common yes. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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