Browsing Archive: November, 2009

Severing the joint tenancy - why you need to consider it

Posted by Rory Miln on Monday, November 30, 2009, In : definitions 
If you are separating or already separated and you own your property as joint tenants (see posts on 9th, 16th and 20th November), you need to think what will happen if you die while you still own the property.  In a few months' time, when you have reached agreement on financial matters, something will happen to the property - it will be sold, or transferred to one of you, or you may even go on owning it jointly on agreed terms such as who lives in it, who is going to pay the mortgage, insure ...
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Week beginning 30th November

Posted by Rory Miln on Monday, November 30, 2009, In : this week's movements 
Greetings

A normal week this week - Alastair and I are both in the office all week.
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Severing a Joint Tenancy

Posted by Rory Miln on Friday, November 20, 2009,

It is possible to sever a joint tenancy into a tenancy in common in equal shares simply by serving a notice on the other owner of the property.
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Week beginning 23rd November

Posted by Rory Miln on Friday, November 20, 2009, In : this week's movements 

Greetings

The office will be closed on Monday morning 23rd November. Alastair is in the office on Monday from 2pm onwards and for the rest of the week. I am out of the office on Monday and Tuesday but in the office for the rest of the week.
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Tenancy in common

Posted by Rory Miln on Monday, November 16, 2009, In : definitions 
A couple who own their property as tenants in common own their shares separately.  The shares may be equal shares or if they choose (for example if one contributed more to the deposit than the other) unequal shares.   If one of the tenants in common dies, the share that had belonged to the deceased goes in accordance with the deceased's will or, if there is no will, in accordance with the rules of intestacy. 
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Week beginning 16th November 2009

Posted by Rory Miln on Monday, November 16, 2009, In : this week's movements 
 Greetings

I am out of the office all day on Thursday (19th) but otherwise in the office this week.  Next week I am out of the office on Monday and Tuesday 23rd and 24th.

Alastair is in the office all this week.  Next week he is out of the office on Monday morning 23rd - he will be in from 2 p.m..

On Monday 23rd there will be nobody in the office in the morning.  If you need to make contact, please email or leave a voice message.

   

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Joint tenancy

Posted by Rory Miln on Monday, November 9, 2009, In : definitions 
'Joint tenancy' is one of two ways of owning a property jointly.  The other way is 'tenancy in common'.  The expressions are a little confusing because they have nothing to do with rented property.

A couple who own their property as joint tenants own the property jointly on the basis that if one of them dies the other automatically becomes the sole owner of the property.  The share that had belonged to the deceased accrues to the survivor.  This is known as the 'right of survivorship'.

Most mar...
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Week beginning 9th November

Posted by Rory Miln on Monday, November 9, 2009, In : this week's movements 

Greetings

Alastair is out of the office on Wednesday morning (11th November).  Otherwise we are both in the office all week as normal.
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Home rights

Posted by Rory Miln on Monday, November 2, 2009, In : definitions 
A person whose spouse or civil partner owns the couple's home in his/her sole name can register their 'home rights' at the Land Registry.  The effect of doing this is that the property cannot be sold, because any prospective purchaser will insist on the home rights notice being cleared off the register before proceeding.  This protects the non-owning spouse or civil partner.  When financial matters have been agreed, the home rights notice is no longer needed and is cancelled.

Until civil partn...
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Week beginning 2nd November

Posted by Rory Miln on Monday, November 2, 2009, In : this week's movements 
 
Greetings

Alastair is on leave on Monday 2nd and Tuesday 3rd November, returning to the office on Wednesday 4th November.  

I am in the office all week except for Thursday morning 5th November.
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Rory Miln


Principal Every week, usually on a Monday, I post my movements for the coming week - when I'm in the office and when I'm out, for example at court. At the same time I post a short article on a word or expression that may crop up during a separation or divorce case. Sometimes I comment on a topical legal issue. I'm always glad of feedback - any comments on my blog entries are welcome - just send me an email.

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acknowledgment of service additional state pension adultery affidavit of service affirmation agree in advance the text of the 'particulars of unreasonable behaviour' part of the petition agreed draft order ancillary relief ancillary relief order by consent answer appointment more or less straight away biological father broken down irretrievably cafcass cash equivalent transfer value cetv child maintenance child maintenance payments to be deducted at source? child support child support agency children and family court advisory and support service clare's law clean break client or customer? cmec co-respondent cohabitants' rights cohabiting couples common law husband common law marriage common law wife conditional order condoning unreasonable behaviour consent order contact contribution converting a joint tenancy into a tenancy in common costs costs and public funding costs hearing costs in ancillary relief proceedings costs in the application costs of the main suit costs reserved court court cases involving children court fees court of appeal court welfare officer courts csa decree absolute decree nisi defend defended divorce deliberately withdrawn from the marriage desertion directions directions appointment disclosure dissolution divorce divorce costs divorce procedure do i have to go to court? document documentary evidence domestic violence don't deal piecemeal with your finances don't skip financial disclosure dwp dx england and wales expert report facebook fairness family mediation father sign birth certificate? fdr appointment file file your answer within 28 days finances financial arrangements settled by agreement financial disclosure five years' separation foreign marriage form br20 form tr1 full financial disclosure get divorced but not straight away go to school grandparents' contact grave financial or other hardship having the occasional meal together hold up decree absolute home rights if your spouse has disappeared inheritance international child contact intolerability and adultery intolerable to live with the respondent irretrievable breakdown joint tenancy joint tenants jointly-owned property judicial gem land registry form tr1 law commission life assurance living at the same address living together after you have filed your divorce petition lottery loyalty points maintenance man on the clapham omnibus marriage matrimonial 'pot' matrimonial home rights mediation mediation before applying to the court medical treatment most cases settle by agreement multiple islamic marriages name the third party nectar points new court forms new court rules no answer or reply no order principle no pension sharing without a court order - no court order without a divorce no-fault divorce non-owning spouse non-religious version of an swearing an oath number of divorces in england and wales ombudsman out of the jurisdiction parental responsibility particulars pension attachment pension expert's report pension report pension sharing pension sharing - don't guess! personal possessions personal service petition petitioner polygamy post prayer prevent the marriage from being dissolved proceedings prohibited steps public sector pension rearranging a couple's pension provision reasonable reasonable steps to find your spouse reconciliation relocation reply report and recommendation for the court residence respondent rules of intestacy separation separation agreement serve set down setting aside a transfer sever the joint tenancy shared care silver separation six months rule sleeping apart is not enough solicitor sometimes the petitioner would have liked a reconciliation specific issue order start statement of information statement of information for a consent order surrogacy swear on oath take the child out of the uk taking children to live abroad tenancy in common tenants in common the 1996 hague convention the five 'facts' the petitioner controls when the marriage is finally dissolved time to think about what we're doing transfer value trial by correspondence two marriage ceremonies two years' separation with consent unable to afford to run two separate households undertaking not to apply for decree absolute unequal shares unmarried couples unperfected order unreasonable behaviour voluntary sexual intercourse wait for two years before getting divorced welfare of the child what will happen if you die while you still own the property

About Miln MacLeod


Miln MacLeod Solicitors is the practice name of Rory Miln, a solicitor of England and Wales recognised as a sole practitioner, authorised and regulated by the Solicitors Regulation Authority (SRA). The practice's SRA number is 535105. The SRA’s rules can be found (in English) on their website at http://www.sra.org.uk/solicitors/code-of-conduct.page
 
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