That's not possible

You can't change a tenancy in common without consent. You CAN change a JOINT tenancy into a tenancy in common without consent.

The difference is that in a JOINT tenancy, each of you is wholly entitled to the whole interest. So on death of one of you, there is no need to transfer the deceased's share to the survivor - they already own it. This is the usual way in whcih matrimonial homes are held.

A tenancy in common is created when people want to own their own share independently of the other. So if they die, for example, their 50% or 35% or whatever interest is theirs, their asset, and they can do what they like with it.

Anyone in a JOINT tenancy can convert that into a tenancy in common by "severing" the joint tenancy. This is done by sending them notice in writing, essentially saying "I don't want to hold this property as a joint tenancy any more, I want to have my own share independently of you so I can do what I like with it"

But no-one can change a tenancy in common into anything else without consent (or Court order). Someone who holds a share as a tenant in common has that share as their own asset.

If what has happened is that you were joint tenants, but she has now severed the joint tenancy so that you are now tenants in common, the big issue is going to be what share you each hold. People who begin with a tenancy in common usually draw up a trust deed at the start whcih says "I own 25%, you own 75%, that's how the sale proceeds get split", If you didn't do that then I suspect that the split will depend on factors like what you each put into the original purchase, who paid what share of the mortgage, who paid the utility/food bills, the length of the relationship.

You really need a solicitor who will work to bring about a negotiated agreement, possibly through a mediation. This is far cheaper and will cause far less emotional damage than going to someone aggressive who rushes into Court. A new process called "collaborative law" is also good. Where are you? I'll see if I can find a local recommendation of someone sensible.

Posted By: Old Git, Jun 10, 12:12:16