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You must decide which type of joint ownership you want if you buy, inherit or become a trustee of a property with someone else. You tell HM Land Registry about this when you register the property.

You can own a property as either 鈥榡oint tenants鈥� or 鈥榯enants in common鈥�.

The type of ownership affects what you can do with the property if your relationship with a joint owner breaks down, or if one owner dies.

You can get legal advice from someone who specialises in property.

Joint tenants

As joint tenants (sometimes called 鈥榖eneficial joint tenants鈥�):

• you have equal rights to the whole property
• the property automatically goes to the other owners if you die
• you cannot pass on your ownership of the property in your will

Tenants in common

As tenants in common:

• you can own different shares of the property
• your share of the property does not automatically go to the other owners if you die
• you can pass on your share of the property in your will

Change your type of ownership

You can change from being either:

• joint tenants to tenants in common, for example if you get a divorce or separate and want to leave your share of the property to someone else
• tenants in common to joint tenants, for example if you get married and want to have equal rights to the whole property

There鈥檚 no fee to do this.

You can also change from sole ownership to tenants in common or joint tenants, for example, if you want to add your partner as joint owner. This is called transferring ownership.

Sell the property if the other owner has lost mental capacity

You鈥檒l have to apply to the Court of Protection if you want to sell the property but the other owner has lost 鈥榤ental capacity鈥�.

You can find out what type of joint ownership you have by checking documents such as a:

• property transfer
• property lease
• trust deed, also known as a 鈥榙eclaration of trust鈥� (a document stating an owner鈥檚 share in a jointly owned property)

A solicitor, conveyancer or legal executive can help you check what type of joint ownership you have if you鈥檙e unsure.

This is called 鈥榮everance of joint tenancy鈥�. You should apply for a 鈥楩orm A restriction鈥�.

You can make this change without the other owners鈥� agreement.

A solicitor, conveyancer or legal executive can help you check what type of joint ownership you have if you鈥檙e unsure.

How to apply if the other owners do not agree to the change

1. Serve a written notice of the change (a 鈥榥otice of severance鈥�) on the other owners - a conveyancer can help you do this.

2. Download and fill in form SEV to register a restriction without the other owners鈥� agreement. You can also fill in form RX1 to register a 鈥榝orm A restriction鈥� if you cannot provide any of the evidence of severance options listed in form SEV.

3. Prepare any supporting documents you need to include.

4. Send the form and supporting documents to HM Land Registry鈥檚 Citizen Centre. There鈥檚 no fee.

Supporting documents

You should include an original or certified copy of the notice of severance signed by all the owners.

If you cannot get the other owners鈥� signatures you can instead send a letter certifying that you鈥檝e done one of the following with the notice of severance:

• given it to all the other owners
• left it at the other owners鈥� last known home or business address in the UK
• sent it by registered post or recorded delivery to the other owners鈥� last known home or business address and it has not been returned undelivered

How to apply if the other owners agree to the change

1. Download and fill in form SEV to register a 鈥榝orm A restriction鈥� if all owners agree.

2. Prepare any supporting documents you need to include.

3. Send the form and supporting documents to HM Land Registry鈥檚 Citizen Centre. There鈥檚 no fee.

Where to send your application

You need the agreement of all the other joint owners to change from being tenants in common to joint tenants.

A solicitor, conveyancer or legal executive can help you check what type of joint ownership you have if you鈥檙e unsure.

How to apply

1. Fill in a new or updated trust deed - a conveyancer can help you do this.

2. Download and fill in the form to cancel a restriction, if one has been registered.

3. Prepare any supporting documents you need to include.

4. Send the form and documents to HM Land Registry鈥檚 Citizen Centre. There鈥檚 no fee.

Supporting documents

You must include one of the following:

• an original or certified copy of the new or updated trust deed signed by all the owners
• a certified copy of a transfer showing that all owners with individual shares of the property have transferred these to all the beneficial joint tenants
• a certificate from your conveyancer confirming that all owners with shares of the property have signed a new trust deed

You must also include either:

• a statutory declaration prepared by your conveyancer
• a 鈥榮tatement of truth鈥� - either one you鈥檝e prepared yourself or using form ST5

A statement of truth must be:

• in writing and include the wording 鈥淚 believe that the facts and matters contained in this statement are true鈥�
• signed by the person who makes it

The supporting documents must prove all the following:

• nobody else except the named joint owners have shares of the property
• none of the joint owners is being made bankrupt, has a charging order from creditors or is mortgaging their share of the property
• all the joint owners now own the property together as beneficial joint tenants

Where to send your application

You must apply to the Court of Protection if all of the following apply:

• you鈥檙e one of 2 or more owners of property or land
• one of the owners has lost 鈥榤ental capacity鈥�
• you want to sell the property or land

Losing mental capacity means someone cannot make a decision for themselves at the time it needs to be made.

This means that:

• the owner who鈥檚 lost mental capacity cannot sign legally binding documents and needs help to make decisions
• you鈥檒l have to apply to appoint someone to take the place of the owner who鈥檚 lost capacity so the sale can go ahead

Appoint someone to act on behalf of an owner

You鈥檒l have to appoint someone to act on behalf of the owner who鈥檚 lost mental capacity even if:

• you鈥檙e already acting on behalf of an owner as a 鈥榙eputy鈥�
• the Official Solicitor is a 鈥榣itigation friend鈥� for an owner

You may not need to apply if you鈥檝e got a registered power of attorney.

Read the guidance on the sale of jointly owned property (COP GN2) to find out if you need to apply.

Get the forms

Download and fill in:

• the Court of Protection application form (COP1) so you can appoint someone who can deal with the sale of the property
• the special undertaking by trustees (COP12)
• an information form (COP1D)
• the witness statement (COP24) - use the guidance on the sale of jointly owned property (COP GN2) to fill this in
• another witness statement (COP24) as a certificate of fitness (for example, a character reference) if you鈥檙e not appointing yourself or your solicitor to act for the owner

Fees

It costs 拢408 to apply. You might have to pay an additional 拢494 if the court decides there needs to be a hearing.

Read the fees guidance to find out when you might not have to pay.

Enquiries

Contact the Court of Protection for help and to find out if you need to fill in other forms.

You can also or visit the public counter.

You cannot get legal advice from court staff.

Send your application

Send the original and one copy of each of the following to the Court of Protection:

• the application forms
• witness statement
• a copy of the entries at HM Land Registry if the sale includes any registered land
• a copy of the conveyance if the property is unregistered
• any other documents and information asked for

Tell people about your application

The Court of Protection will send you a copy of your application forms, stamped with an issue date, a week after you apply.

You must tell (鈥榮erve鈥�) anyone named in your application (such as the person who鈥檚 lost capacity) about applying within 14 days of the issue date.

Read the guidance at the end of application form COP1 to find out who to tell.

Send them:

• a notice that an application form has been issued (COP15)
• an acknowledgment form (COP5) so they can confirm they鈥檝e been told about this

You can tell them:

• by post to their home address
• by fax
• in person

Confirm you鈥檝e told people

Within 7 days of serving the documents, you must download and fill in the forms (鈥榗ertificates of service鈥�) confirming you鈥檝e told:

• the owner who鈥檚 lost mental capacity (COP20A)
• other people named in the application (COP20B)

Send them all together to the Court of Protection.

After you apply

Read the guidance to find out what happens if you have to attend a Court of Protection hearing.

Update the property records after you鈥檝e appointed someone to act for the owner who鈥檚 lost mental capacity.

If your application is rejected and you did not have a hearing

You can ask for a decision to be reconsidered if your application is rejected and you did not have a hearing.

Download and fill in application form COP9.

Send the original, one copy of the form and any documents asked for in the form to the Court of Protection.

You must apply within 21 days of the decision being made.

It鈥檚 free.

If your application is rejected and you had a hearing

You can appeal the decision if your application is rejected and you had an oral hearing.

Download and fill in the appellant鈥檚 notice (COP35).

Send it and any other documents asked for in the form to the Court of Protection.

You must apply within 21 days of the decision being made or within the time limit set by the judge who rejected your application.

Fees

It costs 拢257 to apply. You might have to pay an additional 拢494 if the court decides there needs to be a hearing.

Read the fees guidance to find out when you might not have to pay.

Emergency applications

Contact the Court of Protection to make an emergency application, for example to stop someone who lacks mental capacity being removed from where they live.