Solicitors

JPG1

Account Closed
Jul 16, 2008
3,391
0
Thanks, Sue, that's exactly what I was meaning.

I had been told that it merely required one person to 'wave in front of the other person' and to give to them ... a letter to say that the joint ownership has ceased.

Yes, I questioned that. If only because of personal experience of similar situation as described by Pauline. And then it required something like a sworn declaration that neither of the people involved was insolvent, nor requiring either one of them to 'gift' to the other for any reason other than that they wanted to own their home as Tenants in Common, so that they could each decide on what to do with their own 'half'.

Don't quote me on all of the above, but it was along those lines.

I understand that most property in the UK is registered via the Land Registry - not all, but most - and especially if that property has changed ownership in recent years.

So I was merely interested to know what evidence would be required, to sever joint ownership.

It looks as if it may all be down to the individual solicitor to decide, which is worrying.

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sue38

Registered User
Mar 6, 2007
10,849
0
55
Wigan, Lancs
I had been told that it merely required one person to 'wave in front of the other person' and to give to them ... a letter to say that the joint ownership has ceased.

In a way yes, but how do you prove that they have 'waved' it at them? The best way is for then to sign to say that they have indeed seen it.

Actually a surprising number of properties are still unregistered (over a third of land in England and Wales according to the Land Registry); the percentage depending on where you live. Registration was introduced in different areas of the country in phases, starting in London and other places in 1925, the last phase being 1989. The property had to be 'sold' (a deed of gift did not at that time trigger first registration). Later measures were introduced whereby if the land was re-mortgaged or there was any sort of transfer the land would have to be registered.

You will understand that many people in the later areas may have lived in the same property for more than 20 years, and their land remains unregistered.

I have never done a declaration of solvency when severing the joint tenancy - only on a deed of gift.