Severed joint tenancy

[Bobbyboy]

My Brother in law who suffers from Parkinson's has had to go into a care home since early January and the relationship with his partner has now broken down (they are not married).

He and his partner own their home and when they purchased the property @ £300.000 he invested £290,000 and she the balance, but in early March he received a letter from her solicitor as below:

Please find enclosed a letter whereby our client gives you notice that she has severed her joint tenancy in equity over your home. You need do nothing with this letter as this severance is a unilateral one and an application to the Land Registry will be made in support of this.
Yours sincerely

Please can someone explain to me what this means and should or can he do anything about it?

[Sam101]

An application has been made to change ownership from Joint Tenants to Tenants in Common. This is where each person owns a part, but it may not have been done with both parties agreeing?

However, it seems that this may have has been done on a 50/50 basis, you will need to check. As one person provided most of the money to purchase the property. If you feel that this is not correct, then contact the solicitor and ask questions. You may not get any answers, as the solicitor does not act for you. In which case, if you feel that the change is unjust, then an application should be made by the other owner or their solicitor to change it.

Why have you waited until now, or has any action been taken since the letter?

[atticus]

The joint tenancy has been severed.

Information has been provided of what has been done. There is no need for an application; it is done.

The 2 people now hold the title to the property as tenants in common. On the death of either of them, that person's share will go into their estate, to be dealt with under their will or intestacy.

Could it be that the partner is concerned as to what may happen if she dies first, and the possibility of everything going in care fees?

Communication is key. Ask whay, what the thinking is.

[Bobbyboy]

An application has been made to change ownership from Joint Tenants to Tenants in Common. This is where each person owns a part, but it may not have been done with both parties agreeing?

However, it seems that this may have has been done on a 50/50 basis, you will need to check. As one person provided most of the money to purchase the property. If you feel that this is not correct, then contact the solicitor and ask questions. You may not get any answers, as the solicitor does not act for you. In which case, if you feel that the change is unjust, then an application should be made by the other owner or their solicitor to change it.

Why have you waited until now, or has any action been taken since the letter?

I have only just learnt about this myself also brother in laws partner has recently passed away

[atticus]

in which case the penultimate paragraph of my earlier post may well offer the explanation.