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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Solo severing of joint tenancy

  • maggie
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18 Mar 08 #17120 by maggie
Topic started by maggie
The Land Registry has told me it needs evidence - usually
acknowledgment in writing from the other joint tenant that this other joint tenant accepts that the joint tenancy is severed, before it will accept that a joint tenancy is severed.
My ex- husband won't provide this acknowledgment - so the Land Registry says I have to provide other evidence that the joint tenancy on the family home is severed so that they can legitimately record us as owning the family home as tenants in common on the deeds.
Any ideas ?

  • LittleMrMike
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18 Mar 08 #17135 by LittleMrMike
Reply from LittleMrMike
I must say I always thought severance of a joint tenancy could be done unilaterally. Are the Land Registry saying that they want proof your husband had the notice of severance ?

You also need to think about a new will, if you haven't already done it.

Mike

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18 Mar 08 #17151 by maggie
Reply from maggie
Me too Mike-
The LR adviser seemed to be saying they would not record severance of joint tenancy unless they were convinced /had in their hand a piece of paper to show my ex had received notice of severance.
I asked what might serve as evidence other than a receipt from my ex - but she was reading from LR Public Guide 18 just as I was and couldn't help.
She also said the fee was £40 but the online guide says it's free.

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18 Mar 08 #17154 by maggie
Reply from maggie
Land Registry Practice Guide 24 says for unilateral declaration of severance of joint tenancy I have to send them a signed certificate that notice to sever the joint tenancy was given to the other proprietor in accordance with regs.
The other proprietor - my ex - will be notified when the application has been completed and if he considers that no valid severance has taken place and that the register is therefore incorrect, will be entitled to apply for the register to be "corrected" - ie if I apply to sever and the register then shows we are tenants in common, he will be notified and can [and will] say he never got the letter and will be allowed to change our ownership back to joint tenants?
So, in fact, you can't sever joint tenancy without the consent of the other proprietor?

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18 Mar 08 #17157 by LittleMrMike
Reply from LittleMrMike
So, I would have thought it was up to you to make absolutely certain he got it and that, if push came to shove, you have the evidence to prove it.

Mike

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19 Mar 08 #17166 by attilladahun
Reply from attilladahun
Why not send it Recorded Delivery with an arrival advice note -other party has to sign for it -then you have proof!

  • maggie
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19 Mar 08 #17184 by maggie
Reply from maggie
That system has failed me before - Royal Mail offered me £20 compensation for lost documents when what I needed was proof of receipt - but I will of course try it.
I understand that sending a letter telling him I'm severing the joint tenancy is enough in itself in law to sever joint tenancy but of course the Land Registry want proof and anyway how would the kids prove I'd unilaterally severed the joint tenancy and they were entitled to half the house?
Just in case - what happens if I fail to show the Land Registry that our joint tenancy has been duly severed and sorry to be morbid - I die before the house is sold?
My will shows I leave all I have to the kids and specifically excludes my former husband - I was told there was no point writing that I wanted my share of the house to pass to the children because the will couldn't achieve that- only severing the joint tenancy could- but wouldn't writing it in to the will be the same as severing the joint tenancy?
The Consent Order shows we agreed the proceeds from the family home should be divided unequally between us - 75% : 25% in my favour - is that tantamount to me and my ex accepting that the joint tenancy has been severed and the house should now be treated as it would for tenants in common or would the whole of the family home pass to him regardless?
Would it be enough for the kids to produce the Consent Order?

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