Make sure you follow the proper process if you hold a property jointly with another person and you (both) want to sever this joint tenancy, with our notice of severance of joint tenancy. This joint tenancy severance is necessary to change your tenancy from a joint tenancy to a tenancy in common. This notice will record the current ownership of the property as well as the change in ownership.
When should I use a notice to sever a joint tenancy?
Use this notice to sever a joint tenancy:
- if you hold a property jointly with another person
- if you both want to sever the joint tenancy so that you hold the property as tenants in common in shares
- if you want to record the change in ownership
- only when the property is in England and Wales
What's included in a notice to sever a joint tenancy?
This notice to sever a joint tenancy covers:
- the current ownership of the property
- the change in ownership
- how the property interest will be held (in equal or distinct shares)
What's a notice to sever joint tenancy?
A notice of severance of joint tenancy is a document by which two or more people who own a property jointly decide to sever the joint tenancy, ie to change it to a tenancy in common. The notice outlines the current ownership status and the intended change.
Do I need a notice to sever joint tenancy?
Serving a notice of severance of joint tenancy ensures you follow the proper process when you want to change the ownership status of a property.
You may want to convert a joint tenancy to a tenancy in common to protect your assets, for example if you divorce and separate and want to leave your share of the property to someone else.
What is the difference between joint tenancy and tenancy in common?
Joint tenants have equal rights to the whole property and cannot pass on ownership of the property in their will. That means the property automatically goes to the other owners if one owner dies.
Tenants in common can own different shares of the property and can pass on their share of the property in their will. The property doesnt automatically go to the other owners if one owner dies.
When is the severance effective?
The severance of joint tenancy is effective from the date of the notice.
What's the next step after issuing the notice of severance?
If the property is registered at the Land Registry, you need to register the change with the Land Registry. To do so, you'll need to apply for a Form A restriction.
Ask a lawyer for:
- advice if you hold the property as tenants in common and want to change to joint tenants
- help in completing this notice to sever a joint tenancy
- registration of the Notice at the Land Registry
This notice to sever joint tenancy is governed by the law of England and Wales.Ask a lawyer to discuss your specific legal situation.