Protect Your Property: How to Convert to Joint Tenancy the Right Way

If you and your co-owners currently hold a property as tenants in common but wish to switch to joint tenants, you must obtain the agreement of all joint owners. This type of change ensures that the property will be owned equally and that ownership will automatically transfer to the surviving owner(s) if one owner passes away.

This guide outlines the application process, required documents, and submission details to update your ownership with HM Land Registry.

Steps to Apply for a Change from Tenants in Common to Joint Tenants

Step 1: Fill in a New or Updated Trust Deed

• A trust deed (declaration of trust) is a legal document that defines the type of ownership.
• You must create a new or updated trust deed, signed by all co-owners.
• A conveyancer or solicitor can assist with this process.

Step 2: Cancel Any Existing Restrictions

• If a Form A restriction has been registered on the property (which confirms tenants in common status), you must cancel it.
• Download and fill in the appropriate form for restriction cancellation.

Step 3: Prepare Supporting Documents

• Collect all necessary supporting documents as outlined in the next section.

Step 4: Submit the Application to HM Land Registry

• Send the completed form and supporting documents to: HM Land Registry
  Citizen Centre
  PO Box 74
  Gloucester
  GL14 9BB
• There is no fee for this application.

Required Supporting Documents

Your application must include one of the following:

• An original or certified copy of the new or updated trust deed, signed by all owners.
• A certified copy of a property transfer document showing that all individual shares have been combined into joint ownership.
• A certificate from a conveyancer confirming that all owners have signed a new trust deed.

Additionally, you must include one of the following legal declarations:

1. A statutory declaration prepared by a conveyancer.
2. A statement of truth, either:
   • Prepared by you.
   • Using Form ST5 (a standard statement of truth form).

A statement of truth must:

• Be in writing.
• Contain the wording: “I believe that the facts and matters contained in this statement are true.”
• Be signed by the person making the statement.

Proof That the Change Is Legally Valid

The supporting documents must confirm that:

Only the named joint owners have shares in the property.
None of the joint owners is:

• Facing bankruptcy.
• Subject to a charging order from creditors.
• Mortgaging their individual share of the property.
  All joint owners now own the property together as beneficial joint tenants.

Why Switch to Joint Tenants?

Changing from tenants in common to joint tenants is common when:

Married or cohabiting couples want equal ownership and automatic transfer of the property upon death.
Owners wish to avoid probate and ensure seamless inheritance.
There are no concerns about individual financial liabilities affecting the property.

If any owner has outstanding debts, legal issues, or a mortgage on their share, a solicitor should be consulted before applying for this change.

Switching from tenants in common to joint tenants requires full agreement from all co-owners and proper legal documentation. By following the correct process and submitting the necessary documents to HM Land Registry, you can update ownership status smoothly.

If you need assistance, consult a solicitor or conveyancer to ensure compliance with legal requirements.

FAQ’s