Skip to main content
WUHLD
← Back to articles

Severing Joint Tenancy: How to Change from Joint Tenants to Tenants in Common in the UK

· 26 min

Note: The following scenario is fictional and used for illustration.

Emma, 42, owned a £380,000 house in Manchester as joint tenants with her unmarried partner of 11 years, David. When their relationship ended, Emma assumed the joint tenancy would be automatically severed by their separation. She made a will leaving her "share of the property" to her two teenage daughters from a previous marriage.

Six months later, Emma died unexpectedly from a brain aneurysm. Because the joint tenancy was never formally severed, her entire share—worth £190,000—passed automatically to David under the right of survivorship. Her daughters inherited nothing from the property, and her will was powerless to change this outcome.

According to the Office for National Statistics 2021 Census, 24.3% of couples in England and Wales are cohabiting without marriage or civil partnership. Many don't realize that the right of survivorship overrides their will, leaving their estate vulnerable.

This guide explains exactly how to sever a joint tenancy in the UK, the legal requirements, the step-by-step Land Registry process, and when severance is essential for protecting your family.

Table of Contents

What Is Joint Tenancy and How Does It Work?

Joint tenancy is a form of property co-ownership where all owners have equal, undivided rights to the entire property. Under this arrangement, each joint tenant owns the whole property together, not a specific share.

This ownership structure requires four unities: possession (all owners have equal right to occupy), interest (all have equal ownership stake), time (ownership began simultaneously), and title (ownership derives from the same document). When all four unities exist, a joint tenancy is created.

The defining feature of joint tenancy is the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving owner or owners, bypassing the will and probate entirely. This happens instantly at death, regardless of what the deceased's will says.

Rachel and Tom buy a £300,000 house as joint tenants. Even though Rachel contributed a £60,000 deposit and Tom contributed £40,000, they each own the whole property equally. If Rachel dies, Tom automatically owns 100% of the property—regardless of what Rachel's will says or whether her children expected to inherit her share.

Joint tenancy is the most common ownership structure for married couples and partners purchasing residential property together. It offers simplicity and automatic transfer on death, making it attractive for couples who want the surviving partner to inherit everything without going through probate.

Joint Tenants vs Tenants in Common: The Critical Difference

Understanding the difference between these two ownership structures is essential for making informed decisions about your property.

Joint Tenants:

  • Own the entire property together with no specific shares
  • Right of survivorship applies—property passes automatically to surviving owner(s)
  • You cannot leave your "share" in a will (you don't have a specific share)
  • All owners must have equal interests
  • Common for married couples seeking simplicity

Tenants in Common:

  • Each owner has a specific, identifiable share (can be equal or unequal)
  • No right of survivorship—each owner's share passes via their will or intestacy rules
  • You can leave your share to chosen beneficiaries in your will
  • Shares can be unequal (e.g., 60/40, 70/30 based on contributions)
  • Common for unmarried couples, blended families, business partners, and investors

James and Sarah own a property as tenants in common with a 60/40 split reflecting their deposit contributions. James's will leaves his 60% share to his daughter from a previous marriage. When James dies, his daughter inherits 60% ownership and Sarah retains her 40%. They become co-owners, and the daughter has the right to sell or live in the property alongside Sarah.

The critical insight: joint tenancy prioritizes simplicity and automatic transfer, while tenancy in common prioritizes control and flexibility over who inherits your share.

What Is Severance of Joint Tenancy?

Severance is the legal process of converting a joint tenancy into a tenancy in common, extinguishing the right of survivorship. This is governed by Section 36(2) of the Law of Property Act 1925.

Only the beneficial (equitable) interest can be severed—the legal estate must remain held as joint tenants. In plain language: on the title deeds, you'll still appear as joint tenants, but in terms of who actually benefits from the property—the equitable ownership—you're now tenants in common with separate shares.

What severance achieves:

  • Removes the automatic right of survivorship
  • Creates separate, identifiable shares (usually equal unless otherwise agreed)
  • Allows each owner to leave their share via their will
  • Protects your estate from passing to the co-owner by default

What severance does NOT do:

  • Force a sale of the property
  • Remove the other owner from the property
  • Change who lives in the property or pays bills
  • Require the other owner's permission (severance can be unilateral)

Unless otherwise agreed, severance creates equal shares: 50/50 for two owners, 33/33/33 for three owners, and so on. You can agree to different proportions by signing a declaration of trust specifying unequal shares.

Here's the crucial point: you can sever a joint tenancy unilaterally. You don't need the other owner's permission or agreement. Under Section 36(2), any joint tenant can serve written notice on the other owner(s) to sever the tenancy, and the other owner cannot prevent it.

Why You Might Need to Sever a Joint Tenancy

Severance isn't right for everyone, but it's essential in specific situations where the automatic right of survivorship conflicts with your estate planning goals.

Unmarried Couples Protecting Each Other

If you die without a will as joint tenants, your property share passes to your partner via survivorship. But if you die as tenants in common without a will, intestacy rules apply—and intestacy rules exclude unmarried partners entirely.

Liam and Sophie, unmarried, own a £400,000 property as tenants in common. Liam dies without a will. Under intestacy rules, his 50% share goes to his elderly parents, not Sophie. Sophie now co-owns her home with Liam's parents, who could force a sale to release their inheritance. Had they remained as joint tenants, Sophie would have inherited automatically.

The lesson: unmarried couples need BOTH severance AND wills to protect each other. Severance alone creates risk if either partner dies intestate.

Divorce and Separation

Here's a critical fact many divorcing couples don't know: divorce does NOT automatically sever a joint tenancy. The right of survivorship remains in effect until the joint tenancy is formally severed.

Helen and Mark's divorce was finalized in June. They agreed Helen would buy out Mark's share but hadn't completed the paperwork. In August, Helen died in a car accident. Because the joint tenancy was never severed, Mark inherited Helen's entire share despite their financial settlement stating otherwise. Helen's children from her first marriage received nothing.

If you're separated or divorcing, serve a notice of severance immediately. Don't wait for the decree absolute or financial settlement. The right of survivorship takes precedence over divorce settlements and wills.

Blended Families and Children from Previous Relationships

Parents in second marriages often want to ensure their biological children inherit their property share, not leave everything to their current spouse who might then disinherit the stepchildren.

Graham, 58, remarried after his first wife died. He has two adult children from his first marriage. He severs the joint tenancy with his new wife Claire and updates his will to place his 50% share in a life interest trust. Claire can live in the house during her lifetime, but when she dies, Graham's share passes to his children. This protects his children's inheritance while providing security for Claire.

Without severance, Claire would inherit Graham's entire share via survivorship, and his children would have no legal claim to the property.

Care Home Fee Planning

When one owner enters residential care, local authorities assess their assets to determine if they must contribute to care costs. If you hold property as tenants in common, only your specific share (typically 50%) is assessed, not the whole property.

Arthur, 78, enters a care home with dementia. He and his wife Margaret own their £500,000 house as tenants in common (50/50). The local authority assesses Arthur's 50% share (£250,000) for care fee purposes, protecting Margaret's £250,000 share. If they owned as joint tenants, the assessment could be more complex.

Important note: severance for care fee planning must be genuine estate planning done well in advance, not a last-minute strategy when care admission is imminent. Deliberate deprivation of assets can be challenged and reversed by local authorities.

Business Partners and Investment Properties

Joint investors in buy-to-let properties or business premises often want to leave their share to family members, not to their co-investor.

Priya and her business partner Amir own three rental properties as joint tenants. Priya severs the joint tenancies and updates her will to leave her shares to her daughter. When Priya dies, her daughter inherits 50% ownership in all three properties and becomes Amir's co-owner, receiving rental income and having a say in property decisions.

Without severance, Amir would have inherited Priya's entire property portfolio via survivorship, leaving Priya's daughter with nothing.

The legal framework for severance is found in Section 36(2) of the Law of Property Act 1925, which permits severance of the equitable joint tenancy while the legal estate remains held jointly.

Section 36(2) recognizes three methods of severance:

  1. Written notice by one joint tenant to the others (most common)
  2. Mutual agreement between all joint tenants
  3. Course of dealing showing intention to treat interests as separate (rare)

The critical limitation: severance must be done during your lifetime (inter vivos). You cannot sever via your will. If you die as a joint tenant, the right of survivorship applies instantly at death, and any will clause attempting to leave "your share" is completely ineffective.

Gerald's will states: "I hereby sever the joint tenancy with my brother and leave my share to my daughter." When Gerald dies, this clause is void. His brother inherits via survivorship because the joint tenancy was never severed during Gerald's lifetime. Gerald's daughter receives nothing from the property.

The consent of other joint tenants is NOT required for unilateral severance. This is a crucial protection for people in deteriorating relationships or whose co-owners refuse to cooperate.

Priya wants to sever the joint tenancy with her sister on their inherited property. Her sister refuses, believing Priya should leave her share to the sister's children. Priya can still serve a notice of severance unilaterally under Section 36(2). Her sister cannot prevent the severance, though she may be unhappy about it.

You have three legal methods to sever a joint tenancy, each suited to different circumstances.

Method 1: Written Notice of Severance (Most Common)

This is the simplest and most common method under Section 36(2) of the Law of Property Act 1925. The notice does NOT need to use the word "severance"—it just needs to show clear, immediate intention to terminate the joint tenancy.

Service requirements under Section 196 of the Law of Property Act 1925:

  • Must be in writing
  • Must be served on ALL other joint tenants
  • Proper service methods: hand delivery, registered post, or recorded delivery to the recipient's last known home or business address
  • If not returned undelivered, service is valid even if the recipient doesn't read it

The severance is effective immediately upon valid service, NOT when the Land Registry updates the register.

You can download a notice of severance template from a conveyancer or solicitor. Sign it, date it, and send it via recorded delivery to the other joint tenant's home address. Keep your proof of postage receipt. The joint tenancy is legally severed when the notice is delivered, even if they don't open the envelope.

When all joint tenants agree to sever the tenancy, they can sign a deed of severance or consent order together. This is common in amicable separations or estate planning between family members.

The advantage: you can specify unequal shares (e.g., 70/30 split) based on actual contributions or agreed arrangements.

Robert and Lisa, divorcing amicably, sign a deed of severance agreeing to a 60/40 tenancy in common split, reflecting Robert's larger mortgage contributions over 15 years. They register this with the Land Registry using Form SEV, and both sign the form to confirm the mutual agreement.

Mutual agreement is cleaner when parties cooperate, but unilateral notice (Method 1) is equally valid and doesn't require the other owner's signature.

Method 3: Course of Dealing (Rare, Complex)

Severance can occur through conduct by all parties demonstrating a clear intention to sever—such as negotiating to sell separate shares, bankruptcy proceedings affecting one owner's share, or other actions treating the property as held in separate shares.

This method is difficult to prove and rarely relied upon for proactive planning. It usually arises in litigation when parties dispute whether severance occurred. For most people, written notice (Method 1) or mutual agreement (Method 2) is far clearer and legally safer.

Our Recommendation

Use written notice (Method 1) for most situations. It's the clearest, cheapest, and fastest method. You control the timing, you don't need the other owner's cooperation, and you have proof of service to submit to the Land Registry.

Step-by-Step Guide to Form SEV and the Land Registry Process

Here's the complete process for registering your severance with HM Land Registry under the laws of England and Wales. The entire process is free and can be completed without a solicitor.

Step 1: Serve the Notice of Severance

Draft a notice stating your intention to sever the joint tenancy. The notice should identify the property by address and title number, state that you are severing the joint tenancy in equity, and be dated and signed by you.

Sign and date the notice, then serve it on ALL other joint tenants via recorded delivery or hand delivery. If using recorded delivery, keep the proof of postage receipt. If hand-delivering, ask for a signed acknowledgment of receipt.

The joint tenancy is legally severed at this point—before any Land Registry involvement.

Step 2: Download Form SEV from GOV.UK

The full form name is "Form A restriction: application to enter (SEV)". Download it free from GOV.UK.

Step 3: Complete Form SEV

You'll need:

  • The property title number (found on your title deeds or download the title register for £3 from Land Registry)
  • Details of all registered proprietors (current joint tenants' full names and addresses)
  • Evidence of severance (choose the appropriate panel):
    • Panel 3: Signed acknowledgment by all joint tenants (if mutual agreement)
    • Panel 4: Proof of service by recorded delivery/registered post (if unilateral notice)
    • Panel 5: Other evidence (e.g., court order, deed of severance)

The form must be signed by the person applying. This can be one or all joint tenants, depending on whether severance was by mutual agreement or unilateral notice.

Step 4: Gather Supporting Documents

Include:

  • Original or certified copy of the notice of severance
  • If mutual: Signed acknowledgment of receipt by other joint tenant(s)
  • If unilateral: Proof of postage (recorded delivery receipt) showing the notice was sent and not returned undelivered

Step 5: Submit to HM Land Registry

Send the completed form and supporting documents to:

Land Registry Citizen Centre PO Box 74 Gloucester GL14 9BB

There is no Land Registry fee for Form SEV applications—it's completely free.

You can also submit online through the Land Registry portal if you have an account, though postal submission is more common for individuals.

Step 6: Land Registry Processing

The Land Registry will process your application and enter a Form A restriction on the title register. This restriction prevents future dealings (sale, mortgage, or transfer) without both or all owners' consent.

Processing times vary depending on workload, but typically take 2 to 6 weeks. Some restriction applications are automated and completed within minutes, while others may take several weeks.

You'll receive confirmation when the restriction is registered on your title.

Step 7: Update Your Will

This is the CRITICAL step that many people overlook. After severing, you MUST update (or create) your will to specify who inherits your property share.

Without a will, intestacy rules apply to your share—potentially leaving it to unintended beneficiaries such as parents, siblings, or distant relatives instead of your partner or children.

After severing, Anna updates her will to leave her 50% share to her daughter. Without this update, if Anna dies intestate as a widow, her share would pass to her estranged father under intestacy rules, not her partner or daughter.

Cost Summary

  • Land Registry fee: £0 (completely free)
  • DIY approach: £0 to £3 (cost of downloading title register if you don't have title number)
  • Solicitor/conveyancer fees: £250 to £535 plus VAT if you want professional help with drafting the notice and completing Form SEV

Timeline

  • Drafting and serving notice: 1 day
  • Postal delivery: 1 to 3 days
  • Land Registry processing: 2 to 6 weeks
  • Total time from start to finish: 3 to 7 weeks

What Happens After You Sever the Joint Tenancy?

Understanding what changes and what stays the same helps you plan effectively after severance.

What Changes

Ownership structure: You now hold the property as tenants in common, usually with equal shares (50/50 for two owners) unless you've agreed to different proportions in a declaration of trust.

Right of survivorship removed: When you die, your share does NOT automatically pass to the co-owner. Instead, it forms part of your estate and passes via your will or, if you have no will, according to intestacy rules.

Estate planning: Your property share is now an asset you can leave to chosen beneficiaries in your will. You can leave it outright, place it in trust, or structure it with conditions.

Title register: The Land Registry adds a Form A restriction to your title register, preventing any sale, mortgage, or transfer without all owners' consent. Future buyers and lenders will see you hold as tenants in common.

Inheritance tax: For unmarried couples, each partner's share is assessed separately for IHT purposes (no spousal exemption). For married couples, severance can enable IHT planning strategies using life interest trusts.

What Stays the Same

Living arrangements: Nothing changes about who lives in the property, who pays the mortgage or bills, or day-to-day use of the home.

Legal title: On the official title deeds, you still appear as joint legal owners. Only the beneficial (equitable) ownership has been severed.

Selling the property: You still need all owners' agreement to sell or mortgage the property. The Form A restriction ensures no one can act unilaterally.

Mortgage obligations: Both or all owners remain jointly and severally liable for the mortgage. Severance doesn't change your mortgage responsibilities.

Critical Next Steps

1. Update Your Will Immediately

Specify who inherits your property share. Consider whether you want your beneficiaries to inherit outright or through a trust structure.

After severing, Mark updates his will to leave his 50% share to his son from his first marriage. If Mark dies, his son and Mark's ex-wife become co-owners of the property, each holding 50%.

2. Notify Your Mortgage Lender (If Applicable)

Most lenders don't require consent for severance, but check your mortgage terms to be certain. Some equity release or specialist mortgages may have restrictions.

3. Consider Unequal Shares If Appropriate

By default, severance creates equal shares. If contributions were unequal, you can agree in writing (via declaration of trust) to reflect actual contributions.

Fiona contributed 70% of the deposit and pays 70% of the mortgage. After severing the joint tenancy with her partner, they sign a declaration of trust specifying 70/30 ownership as tenants in common to reflect their actual financial contributions.

4. Review Inheritance Tax Planning

For unmarried couples, each partner's share is assessed for IHT without spousal exemption. For married couples, severance enables strategies like life interest trusts to protect assets while using both partners' nil-rate bands.

Reversibility

You CAN change back to joint tenants if all owners agree. This requires executing a new deed and making a Land Registry application. However, this is rare in practice—most people sever for specific estate planning reasons that remain relevant.

What If the Other Owner Won't Cooperate With Selling Later?

As tenants in common, either owner can apply to court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The court will consider factors including the parties' intentions when the property was bought, interests of any children, and creditor claims.

This is the same remedy available to joint tenants, so severance doesn't create new risks around forced sale.

Common Mistakes and How to Avoid Them

These seven mistakes invalidate severance attempts or create unintended consequences. Avoid them.

Mistake 1: Assuming Divorce Automatically Severs the Tenancy

Divorce, decree absolute, and financial settlements do NOT sever a joint tenancy. The right of survivorship continues unless you formally serve notice or sign a deed of severance.

The fix: Serve notice of severance as soon as you separate, before relying on any divorce settlement to protect your estate.

Mistake 2: Trying to Sever via Your Will

Section 36(2) of the Law of Property Act 1925 requires severance during your lifetime (inter vivos). A will clause purporting to sever the joint tenancy is completely ineffective.

Gerald's will states: "I hereby sever the joint tenancy with my brother and leave my share to my daughter." When Gerald dies, this clause is void. His brother inherits the entire property via survivorship because the joint tenancy was never severed during Gerald's lifetime. Gerald's daughter receives nothing.

The fix: Serve a notice of severance while you're alive, THEN make a will leaving your share to chosen beneficiaries.

Mistake 3: Failing to Update Your Will After Severance

After severance, if you have no will, your share passes under intestacy rules—possibly to unintended beneficiaries like parents, siblings, or distant relatives instead of your partner or children.

Nina severs the joint tenancy with her partner to protect her daughter's inheritance. Nina doesn't update her will. When Nina dies intestate, her entire 50% share passes to her estranged mother under intestacy rules, not her partner or daughter. Her partner now co-owns the home with Nina's mother, who could force a sale.

The fix: Update or create a will immediately after severance, specifying exactly who inherits your property share.

Mistake 4: Inadequate Proof of Service

If you can't prove the notice was properly served, the Land Registry may reject your Form SEV application or future buyers may dispute whether severance occurred.

The fix: Always use recorded delivery and keep the receipt. If hand-delivering, get a signed acknowledgment of receipt. If the other owner refuses to sign, post the notice via recorded delivery to their last known address and keep proof of postage.

Mistake 5: Not Registering the Severance with Land Registry

Severance is legally effective when notice is served, BUT without Land Registry registration via Form SEV, future buyers, lenders, and executors won't know about it. This creates title complications and potential disputes.

The fix: Submit Form SEV as soon as possible after serving notice. Even though it's free, don't delay—get the Form A restriction on the register.

Mistake 6: Severing Without Understanding Intestacy Risks for Unmarried Couples

Many unmarried couples sever the tenancy believing it will "protect each other." The opposite can happen—without a will, intestacy rules exclude unmarried partners entirely.

Jaz and Lily, unmarried, sever the joint tenancy on their £350,000 home. Jaz dies without a will. Under intestacy, Jaz's 50% share goes to her parents, not Lily. Lily loses half the house and may be forced to sell to release the inheritance to Jaz's parents.

The fix: Unmarried couples should ONLY sever if they also have wills leaving their share to their partner (or accept that children, parents, or siblings will inherit).

Mistake 7: Severing to Defeat Creditors or Care Costs at the Last Minute

Severance done deliberately to defeat creditors or avoid care costs shortly before bankruptcy or care admission can be challenged and reversed as "deprivation of assets" by creditors or local authorities.

The fix: Severance for asset protection must be genuine long-term estate planning done well in advance, not a reactive strategy when financial crisis or care needs are imminent.

Frequently Asked Questions About Severing Joint Tenancy

Q: Can I sever a joint tenancy without the other owner's permission?

A: Yes, you can sever a joint tenancy unilaterally without the other owner's consent under Section 36(2) of the Law of Property Act 1925. You simply need to serve written notice on the other joint tenant(s) and register the severance with HM Land Registry using Form SEV. The other owner cannot prevent you from severing the joint tenancy.

Q: How much does it cost to sever a joint tenancy in the UK?

A: There is no Land Registry fee to sever a joint tenancy. Submitting Form SEV to HM Land Registry is completely free. However, if you use a solicitor or conveyancer to handle the process, professional fees typically range from £250 to £535 plus VAT depending on the complexity and level of service.

Q: What happens to my property share if I sever the joint tenancy?

A: After severing a joint tenancy, you become tenants in common, usually with equal shares (50/50 unless otherwise specified). The right of survivorship is removed, meaning your share no longer automatically passes to the co-owner when you die. Instead, your share forms part of your estate and passes according to your will or intestacy rules.

Q: Does divorce automatically sever a joint tenancy?

A: No, divorce does not automatically sever a joint tenancy in the UK. The right of survivorship remains in effect until the joint tenancy is formally severed. This means if one ex-spouse dies during or after divorce proceedings without severing the tenancy, their share automatically passes to the other ex-spouse, regardless of their will or divorce settlement.

Q: How long does it take to sever a joint tenancy with the Land Registry?

A: HM Land Registry typically takes 2 to 6 weeks to process a Form SEV application and register the restriction, depending on their current workload. Once you've served the notice of severance on the other owner, the joint tenancy is legally severed immediately—the Land Registry registration simply formalizes it on the title deeds.

Q: Can I sever a joint tenancy in my will?

A: No, you cannot sever a joint tenancy through your will. Severance must be done during your lifetime (inter vivos) under Section 36(2) of the Law of Property Act 1925. If you die without severing the joint tenancy, the right of survivorship applies and your share automatically passes to the surviving joint tenant(s), regardless of what your will says.

Q: What's the difference between Form SEV and a notice of severance?

A: A notice of severance is the written notice you serve on the other joint tenant(s) stating your intention to sever the joint tenancy. Form SEV is the application form you submit to HM Land Registry to register a Form A restriction on the property title, confirming the severance. You need both: serve the notice first, then submit Form SEV with evidence of the notice.

Conclusion

Understanding how to sever a joint tenancy is essential for protecting your estate and ensuring your property passes according to your wishes. Here are the key takeaways:

  • Severing a joint tenancy converts ownership to tenancy in common, removing the automatic right of survivorship and giving you control over who inherits your property share
  • You can sever unilaterally using written notice under Section 36(2) of the Law of Property Act 1925—the other owner cannot prevent it
  • The process is free: serve notice of severance, submit Form SEV to Land Registry, and wait 2 to 6 weeks for registration
  • After severing, you MUST update or create a will specifying who inherits your share—without a will, intestacy rules apply and may send your share to unintended beneficiaries
  • Common scenarios requiring severance include divorce, unmarried couples, blended families, care home planning, and business partnerships

Severance gives you control over your property share, but that control is only effective if you have a valid will directing where your share goes. Without a will, intestacy rules may send your share to parents, siblings, or distant relatives instead of your partner or children—exactly the outcome you were trying to avoid.

Need Help with Your Will?

Severing a joint tenancy protects your estate by removing the automatic right of survivorship, but it also creates a critical responsibility: you must have a will that specifies who inherits your property share. Without a will, intestacy rules determine who inherits, potentially defeating the purpose of severance entirely.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

Sources: