How to change from joint tenants to tenants in common 

Buying a property with a partner or co-owner can be an exciting venture, but circumstances change, and so can your preferences for property ownership.

If you're considering transitioning from joint tenants to tenants in common, this blog will guide you through the process and shed light on the key aspects you need to consider.

At Robert Shaw & Co, we understand the intricacies of this transition, and we're here to guide you with warmth, knowledge, and unwavering support.

In the warmth of shared spaces and memories, we know that circumstances evolve, and so do your aspirations for your property.

Whether it's a change in relationships, financial considerations, or the desire for a tailored estate plan, your home's narrative is personal, and we get it.

So, how do you change from joint tenants to tenants in common?

Communication is key:

Before initiating any legal procedures, have an open and honest conversation with your co-owner. Ensure that everyone is on the same page and understands the reasons for the change.

Legal consultation:

Seek professional advice always! We can guide you through the legal requirements, explain the implications of the change, and help you complete the necessary documentation.

Drafting a severance of joint tenancy deed:

With the assistance of us, you'll need to draft a Severance of Joint Tenancy Deed.

This document expresses your intention to sever the joint tenancy and outlines your desire for a tenancy in common arrangement. We will ensure that all legal requirements are met and that the document accurately reflects your wishes.

Sign and witness the deed:

Once the document is drafted, it needs to be signed by all parties involved. The signing must be witnessed, and your attorney can guide you on the proper procedures to ensure the document's legal validity.

Recording the deed:

The Severance of Joint Tenancy Deed must be recorded with the Land Registry in England and Wales, or the Registers of Scotland in Scotland. This official registration ensures that the change in ownership is recognised and documented.

Notification to relevant parties:

Inform relevant parties about the change, including your mortgage lender, if applicable. Ensure that all involved parties update their records accordingly.

Update your wills:

If estate planning is a motivating factor for the change, you’ll need to update your will to reflect your new tenancy in common arrangement.

This ensures that your property is distributed according to your wishes in the event of your passing.

Need to get this sorted?

Get in touch with us today!