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Joint tenancy

  • perin123
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06 Jul 12 #341595 by perin123
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Can someone please explain to me about severing a joint tenancy?

Ex and I now divorced, he has remarried but we have still not sorted finances ie FMH.

Is it best to severe joint tenancy to become tenants in common or will that disadvantage me now ex has remarried??

My son and I are still living in the house and I am paying the mortgage but we are both on the deeds and the mortgage.

Thanks

  • jonathancj
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06 Jul 12 #341630 by jonathancj
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It depends whether you expect him to die on the foreseeable future. If you do, don''t sever as you will automatically own the whole of the property. However, the reverse would also be true. To sever, you just send him a notice of severance. You can find one here:

www.landsearch.net/samples/england_and_w...ice_of_severance.swf

you then register a restriction on the title - there''s a specimen of this at the same link.

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07 Jul 12 #341708 by perin123
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I don''t expect him to die, but who knows when your number comes up!!???

I was just concerned that as it stands now should he die his new wife would get his half of the property.

So if I did sever it and he died then she will get his half??

Thanks

  • hawaythelads
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07 Jul 12 #341715 by hawaythelads
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best to get it all tied up in a Clean Break Consent Order.

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07 Jul 12 #341724 by Action
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I''ve recently applied to sever our joint tenancy as I didn''t want him to get my half if I die before the house is sold. My understanding of a joint tenancy is that if one of you dies, their share goes to the remaining joint tenant and not into the inheritance pot for the second wife or whoever is in his Will. I''ve just had my Will re-written too, now that I am divorced.

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