Joint tenancy

A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

Start
Prev
1
Next
End

perin123
Posted by
Platinum Member

06 Jul 12 #341595 by perin123

Topic started by perin123

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
Platinum Member

06 Jul 12 #341630 by jonathancj

Reply from jonathancj

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.

perin123
Posted by
Platinum Member

07 Jul 12 #341708 by perin123

Reply from perin123

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
User is blocked

07 Jul 12 #341715 by hawaythelads

Reply from hawaythelads

best to get it all tied up in a Clean Break Consent Order.

Action
Platinum Member

07 Jul 12 #341724 by Action

Reply from Action

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.

Start
Prev
1
Next
End

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11