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Posted Tue, 23 Sep 2025 13:31:29 GMT by Peter Thomas King
Can somebody give me an outline of what I need to do to get a property title amended from&#160;Joint Tenancy to Tenants in Common transfer please?<br> To outline, my parents property was purchased back in 1999. I have the Title deeds certificate in my possession. On B: Proprietorship Register the entry states Title Absolute and shows just my parents names as the Proprietor, which is correct. Since my father passed away last November, we wish to honour this Will and further Cocidils additions with the named Beneficiaries to be entered onto the deeds.<br> From further investigations, my understanding is that the 'Joint Tenancy' between my mum and late dad has to be severed. First question is what form to I need to use in this situation. My understanding is RX1. Had my dad still been alive, it would have been form SEV. Is this correct please?<br> Next procedure is that a Form A is entered against the 'B: Proprietorship Register' on the deeds. With Form A entered, this will allow the 'Tenants in Common' status to apply. Again can somebody please confirm.<br> Next process is form AP1 application form showing the new entries being requested to be entered. In the case, 50% existing entered against my surviving mother and 16.666% each for myself and my two daughters which in theory makes up the 50% previously held against my deceased dad. I understand proof of identity forms, DR1 have to be completed for each new addition. This application will have to be accompanied by fee, currently £100, and an original copy of my dads death certificate. Again, the request goes out for confirmation that I've got the process of application correct?<br> Lastly, if I have got the procedure correct, can I send all the documentation into Land Registry all enveloped together to spend up the process, or would I have to send RX1 in first so the Form A can be entered and follow up with the AP1 and DR1 forms at a later date? i DO have a Lasting Power of Attorney Finance and Property for my mother. That said, she is in full agreement in that she wishes her late husbands wishes to be honoured.<br> Many thanks in anticipation if somebody can confirm that I have got the interpretation of events correct or is there other elements that I need to be aware of.
Posted Wed, 24 Sep 2025 07:31:12 GMT by Adam Hookway
Peter - you really need legal advice here as to what your options are both for your Mother and your late Father's beneficiaries.<br> You can't now sever the joint tenancy as one of the joint owners is sadly deceased so form SEV is not applicable.<br> If you decide to transfer the legal ownership into joint names again then that transfer would be of the whole of the legal ownership. Your Mother would be the one to transfer the title to herself plus beneficiaries.<br> <a href="https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=c48ca216-8d82-eb11-a812-000d3ad48f95&amp;kbonly=true&amp;setanswer=">HMLR Guide Page &#160;· HM Land Registry</a>&#160;<br> If the new joint owners wish to hold the property as 'tenants in common' then that can be included and applied for as part of the transfer itself.<br> Your LPA only comes into play if your Mother has lost mental capacity and that does not appear to be the case.<br> Please do all seek legal advice/assistance to understand how their wills/wishes and beneficial shares work and what options exist. Beneficiaries can become joint legal owners but it's important to understand how that may impact on them (first/second home for stamp duty purposes; their own wills and beneficiaries etc)&#160;<br> Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to&#160;<a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a>

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