Changing Joint tenancy to tenancy in common?
A married couple own a house. No mortgage, all paid off. They are joint tenants (I think) meaning that as soon as one dies, the other becomes sole owner of it all. Can one of them change the ownership to tenants in common (one dies, he gets to leave his/her half to who they like) without the consent, or arguably even without the knowledge, of the other?
It can be done without consent, and some events can cause the change, but in general, the change is made by the giving of a notice, and then the registration of the appropriate entry at the Land Registry.
Such an arrangement is increasingly common when the couple decide that whichever dies first, that partner's 'share' should not go to the other and therefore be available to cover care home charges. This needs to be done in conjunction with a suitably-drafted will.
Legal advice recommended.