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How To Change From Joint Tenants To Tenants In Common

How to change from joint tenants to tenants in common.

If you bought property with someone as joint tenants but now want a different arrangement, there’s a set process to make it happen. But how do you change from joint tenants to tenants in common?

Well, the good news is that – in theory – it’s free. The process is called a Severance of Joint Tenancy and can be done relatively easily too.

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So long as, that is, all the parties involved agree. Here’s everything you need to know about how it works:

Joint Tenants Or Tenants In Common? How To Find Out What’s Best

When buying property together with your partner, friends, or family members, there are generally two ways you can do it. These are as joint tenants and tenants in common:

What does joint tenants mean?

If you buy as joint tenants, you split ownership of the property right down the middle. You can’t change it based on contributions to buying the property or paying the mortgage.

You also can’t choose anyone other than your partner to inherit it. If you were to predecease them, they would inherit the whole of the property. Only when the last living partner dies can they choose someone else to inherit it. This is called the Right of Survivorship.

What Does Tenants In Common Mean?

If you buy as tenants in common, you can select the percentages of the property (and even individual features when you create a document called a Deed of Trust) that each party owns.

This is great if, for example, one party will contribute more than the other to the cost of buying the house or paying the mortgage. You can also alter the agreement to reflect this if the situation changes at a later date.

Finally, you can select someone other than the other party or parties in the agreement to inherit your share of the property in your will.

Why Would You Change From Joint Tenants To Tenants In Common?

There are several common reasons why you would need or want to change from joint tenants to tenants in common:

Separation – a sad but common reason is that a couple who bought property as joint tenants have decided to go their separate ways.
Better tax arrangements – as well as ownership, joint tenants have equal income from a property. There are some situations where tenants in common might be better for you for tax reasons, though you need that Deed of Trust document to specify each party’s income.
Death – if one of the joint tenants dies, you will need to change the Land Registry’s records.

How To Change From Joint Tenants To Tenants In Common

Joint tenants can choose to become tenants in common at any time through a process called Severance of a Joint Tenancy. This happens via a Land Registry form designated SEV. It’s sometimes referred to as “applying for a Form A Restriction”.

This can be done with or without mutual consent from all parties. But not having consent does make things a little more difficult:

1) If all parties agree

If there is mutual consent and agreement, the process is simple:

Fill in form SEV – to register the Form A Restriction.
Get supporting evidence – in the form of any requested documents.
Send in the form and documents – that’s it! There’s no fee.

2) If all parties don’t agree

This normally occurs when there has been a disagreement or separation and not all sides want to change the tenancy. It’s not quite as smooth and easy as it is with mutual consent, but the process does exist:

Serve notice – write a Notice of Severance to the other joint tenant informing them of your plans to change the tenancy agreement. This notice has an expected form it needs to follow, making using a conveyancing solicitor a common and sensible step.
Fill in the SEV form and get the evidence – just as you would if all parties agreed, but with the exception below.
Fill in an additional Form RX1 – this special form lets you register a Form A Restriction without supporting evidence from other parties involved.

These documents all need to be sent to the Land Registry’s Citizen Centre at:

HM Land Registry Citizen Centre
PO Box 74
Gloucester
GL14 9BB

How Much Does It Cost To Change From Joint Tenants To Tenants In Common?

It’s free to change from joint tenants to tenants in common. Or, to be more accurate, the Land Registry won’t charge you for it.

There may be other costs involved though. In most cases, it makes sense to at least consult with a specialist conveyancing solicitor to make sure you’re safe, protected, and proceeding in the right way.

Because figuring out how to change from joint tenants to tenants in common can be relatively simple. But these are important legal arrangements, so it’s always worth having expert knowledge in your corner.

Need To Talk To An Expert About Changing Your Tenancy Agreement?

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Should We Be Joint Tenants Or Tenants In Common?

Should we be joint tenants or tenants in common?

Buying a home together is a big step. It can also be done in a couple of ways – and the one you choose can have big consequences later. This makes deciding whether you should be joint tenants or tenants in common very important indeed.

It’s the kind of thing most people don’t want to think about in the heady days of deciding to buy a home together. However, a good way to think of it is as protecting both of you from whatever the future might bring.

So, which is best for you? Let’s do a breakdown of joint tenants vs tenants in common:

What Are Joint Tenants?

If you buy a property as joint tenants, both of you own all of the property. It’s a straight 50-50 split.

For most couples buying property, this can feel like the right choice. It’s also a simpler way of working things out. There’s no need to calculate who owns how much of a percentage.

However, for all its simplicity – and how most couples who feel confident in their relationship won’t see a problem with it – being joint tenants has caused big issues for couples who split up later down the line. This is because:

As Joint Tenants, You Have Equal Ownership

This doesn’t present a problem unless you break up with your partner. If this should happen, you would both be entitled to 50% of the proceeds were you to sell the house. Or, if one of you wanted to buy out the other and continue to live in the property, you would need to cover that 50%.

You might not think this would be a problem. But consider situations where one party feels they contributed more to buying the house or paying the mortgage. If the other party disagrees, this will require court proceedings to work out. Potentially, the court might order the sale of the property.

You can protect yourself with what’s called a Cohabitation> AgreementYou Also Have The Right Of Survivorship

However, if you have a happy relationship until the end, the Right of Survivorship you get as joint tenants means the surviving party inherits full ownership of the property.

It’s not even possible for either party to leave their half of the property to someone else as a legacy in their will. Only after both partners have passed away can the last living partner choose who will inherit their own full ownership of the property.

This can create problems of its own. Imagine a situation where both partners have children from previous relationships. In this instance, the first partner who dies could not name their children as inheritors of the legacy. The second partner, however, could.

What Are Tenants In Common vs Joint Tenants?

If you buy a property as tenants in common, you decide in advance (usually with the assistance of a solicitor) which party will own what percentage of the property.

This can be changed at a later date. For example, if one party gets a higher-paying job and the other stops working. You can also specify more than a simple percentage share of the property – perhaps some land, for instance.

This is the major advantage of buying as tenants in common. Everything is clearly laid out. Its fairness can be judged and even altered at a later date because:

As Tenants In Common, You Have Separate Shares

Decide on a 50-50 split. Go for a 25-75 if your incomes are very weighted in one direction or one person will contribute much more to the deposit. As tenants in common, it’s up to you. If your partnership ever comes to an end, amicably or otherwise, things should be fairly balanced.

Plus, you can write up what is known as a Deed of Trust (or sometimes a Declaration of Trust) in advance. This sets out what should happen if the property is sold or the partnership breaks down.

This makes buying as tenants in common the best choice for friends or family members buying property together.

The only downside of this is that it’s often a bit more complicated than buying as joint tenants. This means you’ll need to get solicitors involved, but this is generally a good idea with major decisions like this anyway.

You Also Have No Rule Of Survivorship

As tenants in common, you have no rule of survivorship. This means that what happens to the shares of the property of one partner after they pass away can be set out in their will. The shares will not automatically pass to the other partner.

It’s another clear separation of tenants in common vs joint tenants and gives you much more flexibility, while also requiring more preparation (and paperwork) in advance.

What Is The Difference Between Joint Tenants And Tenants In Common?

The quickest way to summarise tenants in common vs joint tenants is this:

Buy property as joint tenants and you own the property equally. Contributions don’t matter. Your partner inherits it automatically if you were to pass away.
Buy property as tenants in common and you can set the proportions of ownership. You can edit these later. You can select who will inherit your share in your will.

As always, consulting your solicitor before making this kind of decision is usually a smart move. They will be able to advise you whether joint tenants or tenants in common is the best way to go for you in particular.

Need To Talk Through The Best Property-Buying Approach With A Specialist Solicitor?

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Next Of Kin Meaning

Next of kin meaning, legality, and your rights in the UK

Most people assume that their next of kin have legal rights. If something were to happen to you, your kin would be able to make decisions for you. In fact though, next of kin has almost no meaning in legal terms in the UK.

This can make already difficult times all the more challenging. Because if you want to make important decisions about the care of a loved one, such as making a lasting power of attorney, you need to have the legal right to do so.

Being their next of kin isn’t enough. Let’s take a look at how to make sure you and your nearest and dearest are protected if the worst should happen:

Who Is My Next Of Kin?

The term “next of kin” is used mainly in situations where you need to choose an emergency contact. If something bad happens, this is who will be contacted.

When most people are asked to nominate their next of kin, they’ll likely choose their nearest blood relative. Others might choose their spouse.

But you aren’t limited to these choices. You could opt to make your closest friend or a long-term partner with no legal link your next of kin. You can even have multiple next of kin.

However, the most important takeaway is that the phrase “next of kin” doesn’t confer any sort of legal rights or standing. The only time someone’s next of kin actually matters in legal terms is when that person is under 18 years of age.

What Are Your Next Of Kin’s Legal Rights?

Being someone’s next of kin (or making someone your next of kin) gives you no legal rights or standing.

If you don’t put actual legal protections in place, such as a lasting power of attorney, this can, and regularly does, create all kinds of problems.

Picture a loved one who is seriously ill. They can’t make decisions about their own care. But you can’t either because just being their next of kin gives you no rights to do so.

That’s why it’s important to give actual legal rights to someone you want to make your next of kin.

How To Give Legal Rights To Your Next Of Kin

To give your next of kin the kind of legal rights that most people assume they have automatically you need to appoint them as your attorney.

This is normally done by setting up what is known as a Lasting Power of Attorney (LPA). There are two different types of these legal rights. They cover slightly different decisions you might need to make for someone (or have them make for you) when you no longer have the mental capacity to do so:

LPA for property and financial decisions – things like paying bills or rent, collecting rent, maintaining property they own, or managing their bank accounts or investments.
LPA for health and welfare – things like deciding where or how they are cared for, right down to the things they eat or who they can see in some cases.

It’s important to understand that a Lasting Power of Attorney needs to be set up in advance of the situation that requires it to come into effect.

A common example would be when a person knows they are likely to lose the ability to make decisions in future because they are suffering from dementia. In this case, they would set up LPAs that would appoint attorneys they trust to make vital decisions for them.

Again, this can’t be done after the fact. The LPAs need to be prepared in advance – when the person (the donor who is handing over their decision-making rights) has the mental capacity to do so.

Being Next Of Kin But Not An Appointed Attorney

If you are a person’s next of kin but haven’t been appointed as their attorney, you can apply to the Court of Protection (the court responsible for these matters) to gain the right to act for them.

The process is by no means guaranteed. That’s why it’s safest and easiest for everyone concerned to set up the right LPAs before a person who is expected to lose mental capacity does so.

Dealing With An Estate Without A Will

If a person you love has passed away without a will, known as dying intestate, you do have some legal right to deal with their estate (their assets, property, and so on) as their next of kin.

Once more though, the legal standing and meaning of next of kin here aren’t automatic. You’ll need to apply for a legal right called a Grant of Letters of Administration. Again, this is why it’s so important to write a will and prepare in advance. Simply being someone’s next of kin is no safety net at all.

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How To Notify DVLA of Car Sale

How To Tell The DVLA You Sold Your Car If you are hoping to find out how to notify DVLA of care sale, then you are in the right place. The Driver and Vehicle Licensing Agency (DVLA) administers the records of all the drivers and vehicles in the UK. They need to know who owns which vehicle. This makes knowing how to tell the DVLA you’ve sold your car very important. In this article we see how to notify the DVLA you sold your car.

Because if you don’t notify the DVLA of a sale, you might be in trouble if the next owner ends up doing anything outside of the law. Because as far as the DVLA is concerned, it’s still your name on the record.

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Here’s everything you need to know about telling the Driver and Vehicle Licensing Agency about a car you’ve sold:

What If I Don’t Notify The DVLA I’ve Sold My Car?

It’s worth reinforcing how much of a bad idea not telling the DVLA that you have sold your car is. If you let the DVLA go on thinking that you own the car, you leave yourself open to being charged for all kinds of things the person who now owns the car might do. This might include:

Speeding fines
Parking tickets
Road tax lack of payment penalties

Of course, you can always get in touch with the DVLA after you receive a fine or notification like this. But there is normally a deadline for the payment of the fine and a turnaround time for the DVLA to sort it out.

How To Notify The DVLA You’ve Sold Your Car

To notify the DLVA of the sale of your care, there are a few options that are available to you:

1) Online

This is the fastest and easiest way to notify the DVLA that you have sold your car.

Simply use the online notification service and fill out all of the details:

Inform the DVLA who you sold your car to – this is normally a “motor trader” or a private individual. There are clear entry options in the online system.
Enter the buyer information– this will include their name and postcode, so make sure you know this.
Enter V5C details – and the car’s registration number into the system. If you’re not sure where to find either of these, you’ll receive suggestions.
Hand over or destroy the V5C – the DVLA system will tell you to hand over the vehicle registration documents (if you’re selling to a trader) or just the “new keeper supplement” (if you’re selling to a private individual). If you’re just the new keeper section, you’re usually told to destroy the rest of the book.
Wait for any road tax refund – that should be all you need to do to notify the DVLA of a sold car. Then it’s just a case of waiting for the cheque if you’ve ended up overpaying your road tax. The timeframe for this is a maximum of six weeks.

2) By post

Some people prefer to notify the DVLA of a transfer of ownership by post. It’s certainly possible to do this, but doing everything online is much quicker and simpler.

If you do want to go down this route, locate the relevant section in your V5C vehicle registration documents – “Selling or transferring your vehicle to a motor trader, insurer or dismantler” – and fill it in.

You then remove this section from the book and post it to:

DVLA
Swansea
SA99 1BA

What is the V5C vehicle registration document?

The V5C is the official designation of the vehicle registration document, sometimes called the “logbook”. This should have come with your vehicle when you purchased it. It is the document the DVLA uses to track vehicles in the UK and who owns them.

You can buy or sell a vehicle without a V5C. However, it’s rare to find someone who will buy a vehicle without seeing the logbook first. If it’s you that’s considering buying a vehicle without seeing the registration document, it’s probably worth thinking twice!

If you have sold a car without its registration documents though, you can still notify the DVLA of the sale. All you need to do is send them a few details:

The car’s registration number
Its make and model
The date you sold the vehicle
The name and address of the buyer
The name and address of you, the seller

You’ve Sold A Car, Notified The DVLA – Now What?

Congratulations! Another job done, you can check notify DVLA of sale off your to do list and not worry about it.

However, do be sure that you clear up any other subscriptions or payments you’re making on your vehicle.

This might mean checking that you’re not still paying your car insurance, for any vehicle trackers, and that your road tax repayment (if you’re due one) is in the post. After that and telling the DVLA you’ve sold your car, you’re ready to move on.

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International Employment Lawyers

International employment lawyers can assist with employment issues that might incorporate issues overseas, such as if any part of your role involves travelling overseas, or if you’ve travelled overseas as part of work.

Employment law issues can be complex even when you’re just dealing with one country’s laws but if an incident occurred in another country, it can become even more complicated.

Employment contracts will differ significantly from country to country, which might mean that an employment contract you agreed to and signed in the UK might not offer you protection from certain things in another country.

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International Employment Law – What’s Different?

Every country has its own laws, customs, food, and culture.

When employment law issues arise, it can be difficult to know what to do – especially if it involves understanding another country’s laws.

It might be that the company’s shareholder agreements are subject to the laws of another country or there might be cross-border contractual issues that mean you need expert legal advice.

The good news is that there are International Employment Lawyers who specialise in precisely this situation – there are very few things that they haven’t seen, done, or dealt with.

International employment issues that might require expert legal advice include things such as:

Shares and pension agreements
Bonuses
Wrongful dismissal
Redundancy agreements and payments
Team moves
Restrictive covenants and non-compete clauses
Breaches of contract

Employment Law Around The World

There are many scenarios where you might face these issues. For example, if you were working for a company in another country and signed a non-compete clause as part of your exit agreement, and then join a business in a similar (or the same) industry in the UK, it might be unclear whether you’re breaching that clause.

It will be down to the wording in the employment contract, the rules around the clause in the country in which you signed it, and the expert opinion of employment solicitors familiar with international law.

While it might seem a complex situation with no clear answer at first, there is always a resolution that can be reached with expert advice, a clear goal, and all of the information.

At Solicitors Near Me, we connect you with expert international employment lawyers so that you can solve your employment law issues.

Finding the right person to discuss your case with is incredibly important, especially if it involves complex legal issues that encompass more than one jurisdiction.

Which is why we know how important it is to help you find the right international employment lawyer for you – and we simplify the entire process.

International Employment Lawyers Near Me

Finding the right international employment lawyer is crucial.

We know how important it is for you and that’s why we make it as easy as possible.

We’ll connect you with an expert international employment lawyer near you so you can get the very best advice and support with your international employment issue.

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To be connected to a specialist international employment lawyer near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.