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Ownership
Changing my part share of property only to joint tenants
Changing my part share of property only to joint tenants
Posted
Tue, 22 Jul 2025 12:11:09 GMT
by
G PR
I currently own 50% of a property with two other people who own 25% each we are all tenants in common. So . . . A=50% B=25% C=25% all as tenants in common. I want to transfer my 50% share to be owned jointly by myself and my wife person ‘D’ who is not currently on the title and for this equity to be owned by us joint tenants therefore with the right of survivorship and for that 50% share to still remain as tenants in common with the existing owners.<br> Therefore<br> 50% (to be own by A & D as joint tenants)<br> 25% owned by B as it current is<br> 20% owned by C as it currently is<br> with each portion still remaining overall as tenants in common.<br> Can this be done? What forms are required and is anything required of the two parties who’s ownership is not effected by the change. Thank you in advance.<br> <br>  
Posted
Wed, 23 Jul 2025 05:47:03 GMT
by
Adam Hookway
G PR - the three of you will need to transfer the whole of the legal ownership to the four of you. <br> <a href="https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property">Registering land or property with HM Land Registry: Change the registered owner name - GOV.UK</a> <br> You can't transfer a share of the legal ownership and any new split/shares re your beneficial ownerships can then be apportioned as part of that process - the guidance re form RE1 explains how you can do this <br> <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 <a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a>
Posted
Wed, 23 Jul 2025 06:33:53 GMT
by
G PR
Thank you, that becomes a non starter for me as the other two owners are sadly uncooperative, I did not realise they would need to be involved considering their share of the property remains unchanged. It is the only remaining joint asset and it would have ment my wife who is my beneficiary but not on this property title being able to avoid the lengthy probate process to transfer into her name if I die. Sadly now there will be no choice. Many thanks for explain that.  
Posted
Wed, 23 Jul 2025 08:06:13 GMT
by
Adam Hookway
G PR - it can be frustrating if others are uncooperative<br> It might help to know though that if you should die probate would not be needed to deal with the property. It might be needed for other reasons but not for the property. Appreciate that may help on one level but may create other concerns as well.<br> The legal ownership, as posted, is always dealt with as a whole so the only time probate would be required would be if you were the sole legal owner. IN this scenario the legal ownership would pass to the surviving joint owners and if the property as to be transferred to them plus your wife they would do that. Probate would not be required as your executor would have no role to play re the transfer of legal ownership<br> Your beneficial share, which would then be your wife's, still exists but that would be a separate issue for her/the legal owners to deal with as appropriate.
Posted
Wed, 23 Jul 2025 16:46:16 GMT
by
G PR
<p>So that is a worry as my wife is my sole beneficiary in my will and not on title on this property so as the others are uncooperative could they prevent her getting my share? She lives in the house with me? Who would then be responsible for selling it so she gets her share? Now I am really worried. </p>
Posted
Thu, 24 Jul 2025 05:49:57 GMT
by
Adam Hookway
G PR -the law should protect her but I would recommend that you both seek legal advice to understand how the law works re such matters and what options exist for her for example after you have died <br> The legal owner(s) are the ones who can transfer the property to a buyer. If there are three of you now and one dies then the responsibility for completing such a transfer rests with the surviving two as appropriate<br> Your beneficial interest/ownership still exists and the law is there to protect that but that's not directly linked to the register itself. For example if it were sold the purchase monies then exist to be split in the % shares you refer to - how and when that happens is down to those who have those beneficial shares and if there's a disagreement then that's for a court to sit in judgement on, not HMLR<br> If you are really worried then legal advice whilst you are still alive is the right and best option here to ascertain what options exist now to try and ensure what you are worried about can be dealt with with ease at the appropriate time
Posted
Thu, 24 Jul 2025 06:51:57 GMT
by
G PR
<p>Thank you, I assume that if I die suddenly, by using my Will demonstrating her inheritance as a reason a notice of restriction could be placed on the title of the property at land registry to protect her interest so they others don’t do anything underhanded while things are being sorted out. We will seek advice on this as soon as possible but it would be good to know from you if a restriction could be applied in those circumstances if I die tomorrow, just so I can exhale as I am very concerned now. </p>
Posted
Thu, 24 Jul 2025 07:33:59 GMT
by
Adam Hookway
G PR - this is precisely where your legal advice must come in<br> Beneficial interests/trusts can be protected on the register but not in quite the way you might think/hope. For example I am sure, based on your original post, that there is a form A/joint ownership restriction already on the title. It's the type of restriction most commonly associated with 'tenants in common' and the type of trust/shares you have referred to.<br> It is that restriction that protects such interests<br> Ultimately though it's the law that will protect your will, wishes, inheritance etc <br> I do appreciate your being very concerned but to be frank your circumstances are mirrored by many property owners so there's nothing more to be done other than to ensure that you/your wife are fully aware of the legal position and what happens next in any given scenario both to protect your beneficial interests, the trust and property.<br> The law is there to keep everyone in line so to speak and as you will appreciate the vast majority are kept in line as a result. But if you are concerned that the other two joint owners might be 'underhand' then that again is something to discuss with your legal rep as to what they might do and what your/your wife's remedies are in law 
Posted
Thu, 24 Jul 2025 08:10:20 GMT
by
G PR
<p>Thank you so much, you have been an incredible help in helping me understand much of this, prompt legal advice is next for us. Thank you.</p>
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