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The same would apply of the sole owner attempted to sell.

Two things are required to remove a form A restriction.

The legal title (the right to transfer or mortgage the property) can only be held as joint tenants.

Whether a property is held as joint tenants or as tenants in common makes a difference to what happens to the property on the death of a joint owner, both in terms of who is entitled to the deceased’s share in the equity (the money which would be released if the property was sold) and what steps need to be taken to sell.

If two or more people own a property jointly it is important they decide whether they want to hold it as joint tenants or as tenants in common and if tenants in common, whether they want to hold it in equal or unequal shares.

Most commonly this happens when a property is held as tenants in common and is then transferred into the sole name of one of the joint owners.

The effect of this is that on the death of one the joint tenants the whole of the equity passes to the survivors, irrespective of any provision to the contrary in the deceased’s will (a will only takes effect upon death, at which point the equity has already passed to the survivors).

When only one joint tenant remains he is entitled to the whole of the equity and the trust comes to an end.

This is because the bankrupt’s share in the equity then belongs to the trustee in bankruptcy.

It is not possible to swap from tenants in common to joint tenants.

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