Severance of joint tenancy

 
Trustpilot
 
 
Trustpilot
 

Severance of Joint Tenancy: How to Sever Joint Ownership in England & Wales

Severing a joint tenancy transforms the way co-owners hold a property. If you currently own a home with someone as joint tenants, each of you owns the whole together — and if one of you dies, the other automatically inherits the entire property through the right of survivorship. If you want to protect or define your own share — especially after a separation, divorce, or for estate planning — you’ll need to sever the joint tenancy and become tenants in common.

At Parachute Law, we help clients serve a valid notice of severance, register the change with HM Land Registry, and prepare a Deed of Trust if needed, so their share is protected and their rights are clear.

 

What Is Severance of Joint Tenancy?

A joint tenancy is one of the two main ways of co-owning property in England and Wales (the other being tenancy in common). Joint tenants:

  • Own 100% of the property together;
  • Cannot sell or leave their share to someone else in a Will;
  • Will see their share pass automatically to the surviving joint tenant upon death.

Severing the joint tenancy puts an end to the right of survivorship and turns the ownership into a tenancy in common, where:

  • Each owner has a defined share in the property;
  • That share can be left to someone in a Will;
  • Co-owners must cooperate to sell or refinance the property.

 

Why Sever a Joint Tenancy?

Some of the most common reasons for severing a joint tenancy include:

  • You’re divorcing or separating and want to protect your share;
  • You want your beneficial share to pass under your Will, not automatically to your co-owner;
  • You’re no longer on good terms with your co-owner;
  • You're dealing with property investment, tax planning, or inheritance protection;
  • One of the joint owners is being declared bankrupt, and the trustee requires defined ownership.

 

How to Sever a Joint Tenancy: Your Options

A. Serve a Notice of Severance (Section 36(2) LPA 1925)

The most common method is serving a written notice of severance. This is a unilateral act — you don’t need the other person’s consent. The notice must:

  • Be in writing;
  • Clearly show your intention to sever;
  • Be properly delivered to the other owner.

This creates a severance in equity and should be registered at HM Land Registry with Form SEV to update the public register.

B. Mutual Agreement or Conduct

Even without a formal notice, a joint tenancy may be severed if both parties:

  • Mutually agree to sever in writing (e.g. via consent order or trust deed); or
  • Show a course of conduct inconsistent with joint ownership.

Recent case law confirms that mirror Wills — where both parties leave their shares to third parties — may evidence such mutual intent (Dunbabin v Dunbabin [2022]). These cases can be more complex and may require legal evidence.

C. Court Orders and Insolvency

Certain legal events automatically sever a joint tenancy:

  • A bankruptcy petition or order;
  • A charging order made against one co-owner;
  • A court order during divorce or litigation.

In these cases, the severance arises by operation of law and should still be registered at Land Registry using Form SEV.

 

How to Register the Severance at HM Land Registry

To reflect the change in legal title, you must:

  • Complete Form SEV to state that the property is now held as tenants in common;
  • Attach the notice of severance or other evidence (e.g. a deed of trust or court order);
  • Submit to HM Land Registry.

We can help you prepare and serve the notice, complete and file Form SEV, and prepare a supporting Declaration of Trust confirming your share.

 

What Is a Deed of Trust?

After severance, it’s wise to enter into a Deed of Trust (also known as a Declaration of Trust) to formally record:

  • The percentage share each party owns;
  • How the equity or sale proceeds will be divided;
  • Who pays the mortgage or maintenance;

 

What happens if one party wants to sell.

This prevents disputes later and is often used alongside severance during separation or investment.

 

Does Severing a Joint Tenancy Require Consent?

No, if you serve a valid notice. You don’t need the other person’s agreement, but the notice must be:

  • Served to their last known address;
  • Delivered via a method where proof of delivery can be shown (e.g. personal service or tracked post);
  • Not revoked — once served, it’s generally irreversible.

 

Risks If You Don’t Sever

Failing to sever the joint tenancy can result in:

  • Your share passing automatically to your ex-partner, even if you’ve made a Will;
  • Difficulty selling or refinancing the property;
  • A potential inheritance dispute;
  • Unintended tax consequences or loss of control over your share.

 

FAQs – Severance of Joint Tenancy

1. Can I sever a joint tenancy without telling the other person?

 No — you must serve the notice on them, and ideally get proof of delivery.

 

2. Is a Deed of Trust the same as severing a joint tenancy?

 No — they serve different purposes but often go together. Severance changes the legal ownership; a deed of trust defines the beneficial shares.

 

3. What if the other party disputes the severance?

 As long as notice is validly served, severance is effective. However, disputes about shares or contributions may need legal resolution.

 

4. Can I sever a joint tenancy if my co-owner is bankrupt?

 No need — the joint tenancy is automatically severed on bankruptcy.

 

5. How much does it cost to sever a joint tenancy?

 We offer a fixed fee service for severance of joint tenancy, which includes drafting, serving, registering, and a deed of trust if needed.

 

6. Can you reverse a severance?

 No — once severed, a new joint tenancy can only be created by a fresh transfer of the property into joint names again.

 

7. Do I need to change the title deeds?

 You should file Form SEV to update the ownership status at Land Registry, but you don’t need to transfer the legal title.

 

8. Is severance needed if we are divorcing?

 Yes — divorce does not automatically sever a joint tenancy.

 

9. How long does it take to register a severance?

 HM Land Registry typically takes 2–6 weeks, depending on workload.

 

10. Can we sever and still live together?

 Yes — severing only affects ownership and survivorship, not occupation rights.

 

Talk to Parachute Law About Severing Your Joint Tenancy

Whether you're separating, updating your Will, or protecting your investment, we can help you:

  • Draft and serve the Notice of Severance;
  • Complete and file Form SEV;

  • Prepare a tailored Deed of Trust;

  • Register the severance at HM Land Registry.

Contact us today at thelegalteam@parachutelaw.co.uk

 
Trustpilot