If you jointly own a property, it is essential to know what type of ownership you have. The type of ownership affects what happens to the property if one owner passes away, separates, or experiences financial issues.
This guide explains how to check your ownership type, what happens if it changes without your knowledge, and how to apply for a change in ownership type with or without the other owners’ agreement.
How to Check Your Type of Joint Ownership
You can find out what type of joint ownership you have by reviewing the following legal documents:
- Property transfer document – Shows how the property was transferred to the owners.
- Property lease – If the property is leasehold, the lease may specify ownership details.
- Trust deed (Declaration of Trust) – A legal document stating each owner’s share in the property.
If you are unsure about your ownership type, a solicitor, conveyancer, or legal executive can help you check.
Severance of Joint Tenancy: When Ownership Changes Without Your Knowledge
Your type of ownership can change without your consent, for example, if:
- One of the owners goes bankrupt.
- A court orders the change due to legal proceedings.
This is known as “severance of joint tenancy.” If this happens, you should apply for a Form A restriction with HM Land Registry to reflect the change in ownership.
This process does not require the other owners’ agreement.
How to Change Joint Ownership Type
There are two ways to change ownership:
- Without the other owners’ agreement (if they do not consent).
- With the other owners’ agreement (if everyone agrees).
How to Apply for a Change Without the Other Owners’ Agreement
If the other owners do not agree to the change, follow these steps:
- Serve a Written Notice of Severance
- This is a formal notification to the other owners about the change.
- A conveyancer can help you with this.
- Complete Form SEV
- Download and fill in Form SEV to register a Form A restriction.
- If Needed, Complete Form RX1
- If you cannot provide evidence of severance (as listed in Form SEV), you may need to fill in Form RX1 instead.
- Prepare Supporting Documents
- Include an original or certified copy of the notice of severance signed by all owners.
- If the other owners do not sign, you must send a letter confirming you have done one of the following:
- Hand-delivered the notice to all other owners.
- Left the notice at the other owners’ last known UK home or business address.
- Sent the notice by registered post or recorded delivery, and it was not returned undelivered.
- Submit the Application to HM Land Registry
- Send Form SEV, supporting documents, and (if applicable) Form RX1 to: HM Land Registry
Citizen Centre
PO Box 74
Gloucester
GL14 9BB - There is no fee for this application.
- Send Form SEV, supporting documents, and (if applicable) Form RX1 to: HM Land Registry
How to Apply for a Change With the Other Owners’ Agreement
If all owners agree to change the type of ownership, the process is simpler:
- Download and Complete Form SEV
- Fill in Form SEV to register a Form A restriction.
- Prepare Supporting Documents
- Gather any additional documents required for verification.
- Submit the Application
- Send Form SEV and supporting documents to: HM Land Registry
Citizen Centre
PO Box 74
Gloucester
GL14 9BB - There is no fee for this application.
- Send Form SEV and supporting documents to: HM Land Registry
Knowing your type of joint property ownership is essential for managing inheritance, legal rights, and potential disputes. If your ownership type changes unexpectedly or you need to make a change, the process is straightforward with HM Land Registry.
If you are unsure about your legal rights, consulting a solicitor or conveyancer can help you make the right decisions.
FAQ’s
How do I check my type of joint property ownership?
You can check ownership type in your property transfer document, lease, or trust deed. A solicitor or conveyancer can also help verify it.
What happens if my joint ownership type changes without my knowledge?
If an owner goes bankrupt or legal action is taken, your ownership type may change automatically. You should apply for a Form A restriction to update records.
Can I change from joint tenants to tenants in common without the other owner’s consent?
Yes, you can serve a written notice of severance and apply to HM Land Registry using Form SEV, even if the other owners do not agree.
What forms do I need to change my joint ownership type?
Use Form SEV to apply for a Form A restriction. If you cannot provide evidence of severance, you may also need to complete Form RX1.
Where do I send my application to change ownership type?
Send your completed Form SEV, supporting documents, and (if needed) Form RX1 to HM Land Registry, Citizen Centre, PO Box 74, Gloucester, GL14 9BB.