How do I sever a joint tenancy without having to get A&I (Authority and Instruction) forms from both parties?
A joint tenant may sever their interest in a joint tenancy by transferring their interest to themselves.
|Existing owners||e-instrument||Resulting owners|
|A,B jointly||Transfer from A to A||A½, B½|
|A,B jointly ½, C½||Transfer from A to A||A¼, B¼, C½|
|A,B,C jointly||Transfer from A to A||A1/3, B,C2/3|
Below is an example of how to process a transfer from A to A severing joint tenancy in Landonline.
In this scenario, Donald Malcolm Duck and Daisy May Duck jointly own the land. Donald is transferring his interest to himself (half share of the whole title).
In the Prepare Transfer screen:
- In the transferors' area, select Share/Interest mode.
- Check the Transferor column for the registered proprietor's interest you are transferring.
- Click the Display Transferor button and check the details.
- In the transferees' area, select the correct tenancy option. In this scenario 'Sole or Joint tenants'.
- Enter the name of the transferee (in this scenario, the transferor is Donald Malcolm Duck).
- Click the Display Transferee button and check the details.
- Click the Display Resulting Ownership button and check the details.
Note: A common mistake in the scenario where A transfers to A is to enter both owners as transferees with a tenancy of Tenants in Common. Only the selected transferors interest is being transferred (to that same person) therefore sole tenancy is used. Landonline automatically breaks the joint tenancy and creates the transferee and the unaffected owner as tenants in common.
The A&I form that you will hold on file with your photo identity and any other supporting evidence is by the person whose interest you are dealing with.