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Changing from joint tenants to tenants in common
Changing from joint tenants to tenants in common
Posted
Fri, 19 Jun 2026 23:55:23 GMT
by
Jodie Gibbs
Good morning, I am seeking some information on behalf of my mother. She is a joint tenant of a property with my father. Her will stipulates that should she pass away before him, she wishes her share of the property to be passed to her children. She has recently been made aware that they must be tenants in common for this to occur. She would therefore like to change the register from joint tenants to tenants in common. She and my father were separated but still living at the property together, he would be in agreement with this change, however to complicate matters he has dementia following a traumatic brain injury and is in residential care. He can therefore not consent as he does not have capacity to do so. We understand that his permission is not required to make this change, can you advise if it is indeed possible to make the change under the circumstances? My mother has also realised the entry in still under her maiden name so this also requires updating. I assume this would be a separate procedure? Would this need to be done first or could both of these changes be addressed at the same time? Many thanks for your assistance.
Posted
Mon, 22 Jun 2026 07:56:08 GMT
by
Nimish Patel
Good morning Jodie - We can only provide guidance on our procedures and requirements for severance of joint tenancy - https://www.gov.uk/joint-property-ownership As far as the issues with your father are concerned, your mother should seek appropriate legal advice. With regards to change of your mother's name, that can be done either as part of the same application or separately. Guidance on our website on GOV.UK explains what is needed - https://www.gov.uk/registering-land-or-property-with-land-registry/update-or-correct-the-register Hope this helps.
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