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Severance of a Joint Tenancy

Arranging a Severance of a Joint Tenancy for a Fixed Fee

Severance of Tenancy changes the way in which you own your property from Joint Tenants to Tenants in Common.  As Joint Tenants, on the death of one co-owner, the property will pass to the surviving co-owner(s) automatically by survivorship. 

If you hold you property as Tenants in Common then you are able to leave your distinct share of your property to your chosen beneficiaries, under your Will. This arrangement is commonly used for tax planning purposes and/or Life Interest Wills - let us help you arrange for the Transfer of a Joint Tenancy for a fixed fee.

Premier Solicitors can assist you by inspecting your title deeds and confirming which type of joint ownership you have and then preparing and lodging with the Land Registry the necessary paperwork to update their records.

Transfer of Equity

You cannot sever your tenancy if the house is in your sole name. In this instance you could transfer a half share of your property to your partner. Click here for more information on Transfers of Equity in our Fixed Fee Residential Conveyancing section.

Declaration of Trust

A Declaration of Trust is a document that can clarify the person(s) who hold the legal title to a property and the person(s) who owns the underlying beneficial interest in the property.

The main benefit of preparing such a document is to provide written evidence of the agreement.  The Declaration of Trust will provide clear evidence of your agreement and intention at the date it is signed.

Examples of where this is commonly used:

  • where boyfriend/girlfriend own a property in  their joint names, but they provided different contributions to the purchase  price, e.g. 25% and 75%, and wish their contributions to be reflected in a  legal document; and
  • where a husband or wife owns the legal title to their property in their sole name, and the other spouse (by consent) wishes  the underlying beneficial interest (i.e. the net sale proceeds) to be reflected  in a legal document.

Premier Solicitors, deal with property work, and inheritance tax planning, and so can provide you with the correct advice suitable to your circumstances and put your plans into effect. We also have an in-house Chartered Tax Adviser to assist in the tax planning process. Click here for more information on Declarations of Trust in our Fixed Fee Residential Conveyancing section.

We will help you safeguard your hard earned assets for you, your children or other beneficiaries

Call us today on 01234 35 80 80 to speak to a member of our qualified team.

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