Sever Joint Tenancy

can my estranged husband sever joint tenancy without my permission?


Not likely.....you have a legal right to this property if you are a joint tenant.

what are the implication on severing a joint tenancy or putting it in trust?
joint tenancy is on mortgaed property,i have seperated and going through divorce procedings and no longer living at the property but still having to pay the morgage on it

It all depends on your situation - if you have kids and anything were to happen to you before your divorce was finalised (god forbid) your share would go to your children and not your former spouse - if thats what you advised. Severing a joint tenancy merely means that your share of the property would go to whomever you chose upon your death and not your former spouse and yes you can put your share in trust. If you chose not to severe the tenancy then your share would automatically go to your former spouse (upon your death). This only lasts for as long as you continue to pay the mortgage and the property remains unsold. I severed the joint tenancy when I was going through my divorce and like you I was not living at the property but still paying the mortgage and chose for my share to go to my children should anything happen to me prior to the divorce being finalised. It all depends on your circumstances and what sort of relationship you now have with your ex, but your solicitor will give you the best advice. Hope this helps.

Joint Tenancy?
Can a joint-tenancy be severed and made tenancy-in-common without giving notice to the mortgage holder?

This depends on your mortgage. The mortgage holder probably will not care so long as the same individuals hold title but your mortgage most likely requires that you give them notice. Simply file the deed and then send a copy to the mortgage company.