severing a joint tenancy someone please shed light

hello beautiful peeps . my partner and his ex have a joint tenancy in there matrimoial home. which my partner wants to sever and become tenants in common. we have downladed all relevant forms but are confused a little . if we serve notice to his ex by post via royal mail signed and recorded delivery will the notice still be in effect and also if his ex doesnt sign any of the documents can my partner still apply for severance of joint tenancy. will land of registry accept this please somone shed some light

Hi miss_cheeky,

I assume the title to the FMH is registered, in which case you should send the completed RX1 to the Land Registry together with:

1 an explanation as to why the application has not been signed by both proprietors

2 a copy of the notice of severance

3 a certificate of posting of the notice and confirmation of delivery.

the Land registry should accept the above.

Regards,

YA

YA,

Surely the Land Registry won't accept severance without both parties signing?

L.i.B

Hi LiB,

Yes indeed they will and they have, in my own case.

If in doubt just ring their help line and check. I recommend the one in Swansea, the most knowledgeable and helpful service I have received from any of their offices.

All the best!

YA
XX

Well Ya I live and learn.

So that was even more a waste of money my original expensive solicitor backwards and forwards with my x trying to get him to sign it and I could have done it all myself without getting his signature.

Thanks.

(((((LiB)))))

Oh dear, I am sorry to hear that. One can't expect every solicitor to know everything about every aspect of Law and procedure that may be involved in divorce, but one WOULD expect them to have the gumption to check up on procedures that fall outside of their immediate area of expertise.

Kindest regards!

YA
XX

i rung land of registry today they said just send the sev form back signed by the applicant and that should be fine they dont ask for aything else