Severance of Joint Tenancy: Protecting Your Property Rights

Severance of joint tenancy is a powerful legal mechanism that allows you to take control of your property rights and protect your financial interests. Whether you are navigating a relationship breakdown, finalising inheritance tax planning, or simply wish to leave your share of a home to a loved one in your Will, severing a joint tenancy ensures that the 'Right of Survivorship' no longer dictates your future. By understanding how to formally end a joint tenancy, you can transform your ownership into a structure that reflects your specific intentions and provides long-term security for your estate.

While being a joint tenant in a marriage makes sense, it makes less sense if you aren't married and your relationship has broken down. We go into detail about the risks of remaining as joint tenants in the event of a dispute, and what you can do to change to tenants in common if you have to, even without the joint owner's consent.

The Right of Survivorship is a legal rule that applies when you own property as Joint Tenants. It means that if one co-owner dies, their interest in the property automatically passes to the surviving owner(s), regardless of what is written in their Will.

What is the Right of Survivorship?

In a Joint Tenancy, the owners are viewed as a single legal entity. Because there are no distinct shares, the property cannot be left to anyone else. The last surviving owner eventually acquires 100% ownership of the property.

The transfer happens instantly upon death. It bypasses probate and overrides any instructions left in a Will or the rules of intestacy.

Why stop it?

Stopping the Right of Survivorship, a process known as severance of joint tenancy, is a strategic move to regain control over your property ownership. Here are the three most common reasons to stop it:

• 1

  Protecting Inheritance

  If you have children from a previous relationship or other beneficiaries you wish to provide for, you must stop the Right of Survivorship. If you don't, and you die first, your partner inherits everything, and your children may receive nothing from the property's value.

• 2

  Relationship Breakdown

  If you are separating or divorcing, you likely no longer want your ex-partner to automatically inherit your share of the home if you pass away before the financial settlement is finalised. Severing the tenancy ensures your share belongs to your estate instead of your former partner.

• 3

  Long-term Care Planning

  If one owner needs to move into residential care, the local authority may assess the property's value for care fees. By severing the tenancy and holding the property as Tenants in Common, owners can sometimes ring-fence a portion of the property's value, ensuring it is preserved for their heirs rather than being entirely consumed by care costs.

How do you stop it?

To stop the Right of Survivorship, you must change your ownership status to Tenants in Common. You can do this whether both parties agree to it or not.

• Mutual Consent: Both parties sign Form SEV and submit it to the Land Registry.
• Notice of Severance: If one party refuses to cooperate, the other can serve a formal "Notice of Severance." Once served, you can apply to the Land Registry unilaterally to protect your share.

Once the process is complete, the Land Registry will add a Form A Restriction to your title deeds, confirming that the Right of Survivorship no longer applies to your home. The full process is explained here: How do I change a joint tenancy to tenants in common?

Sever Your Joint Tenancy Today

• We include a FREE template Notice of Severance.
• We include a FREE 15-minute consultation with a property dispute solicitor(1).
• Applications made digitally to the Land Registry within 5 working days(2).
• Fixed Fee of £260 INC VAT for just the severance at the Land Registry.

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Severance of joint tenancy during divorce or separation

The primary reason is to cancel the Right of Survivorship.

If you remain Joint Tenants during a separation and you pass away before the final financial settlement (Final Order) is granted, your ex-partner will automatically inherit 100% of the property. This happens regardless of what your Will says or how much you have contributed to the mortgage.

By severing the tenancy, you ensure that if you die, your share (usually 50% by default) passes to your chosen heirs (children, family, etc.) rather than your former partner.