Severing a joint tenancy is the process of converting a joint tenancy into a tenancy in common. As a property owner you have a beneficial interest in the property. When it is held by more than one person it is either held as ‘joint tenants’ or as ‘tenants in common’.
If you split up it is unlikely that they would wish your estranged partner or spouse to automatically take your “share” in the property if you were to die. If there are two owners they will hold half each unless specified otherwise. You should therefore sever the joint tenancy and become tenants in common, until such time as the property is sold or transferred from one party to the other.
Converting a joint tenancy involves preparation and service of a Notice of Severance of Joint Tenancy and then the registration of a Restriction at HM Land Registry. This is in accordance with section 36(2) of the Law of Property Act 1925. The consent of the other joint owner is not necessary but they should countersign it as acknowledgement.
Once severed, notice of the severance needs to be given to HM Land Registry. This is to ensure that a restriction is placed upon the title to the property to prevent sale in the event of your death.
How to Sever a Joint Tenancy Guide
Our Severing A Joint Tenancy Guide will show you how to sever your joint tenancy. You will be guided every step of the way.
Severing a joint tenancy is a relatively straightforward process. We have prepared all the draft documents for you so that you can give notice of severance of a joint tenancy yourself and save on legal fees.