Severing a Joint Tenancy — How and Why to Change to Tenants in Common

Joint Tenants vs Tenants in Common

When two or more people buy a property together, they must choose how to hold the legal title:

**Joint tenants:** Each owner owns the whole property jointly. There are no separate shares. When one owner dies, their interest automatically passes to the surviving owner(s) regardless of what their will says. This is known as the right of survivorship.

**Tenants in common:** Each owner holds a defined share (which can be unequal). When one owner dies, their share forms part of their estate and is distributed according to their will or intestacy rules. It does not automatically pass to the co-owner.

Most couples buy as joint tenants without considering the implications. Severing the joint tenancy means converting from joint tenants to tenants in common.

Why Sever a Joint Tenancy?

**Estate planning and IHT**

Holding as tenants in common allows each partner to leave their share of the property to children or other beneficiaries, potentially using the inheritance tax nil-rate band more effectively. As joint tenants, the entire property passes to the survivor and could form a large estate on their death.

**Asset protection**

If you are starting a business, have concerns about future creditors, or are in a profession with litigation exposure, severing the joint tenancy means a creditor can only pursue your defined share, not the whole property.

**Separation and divorce**

When a relationship breaks down, either party can unilaterally sever the joint tenancy to prevent their interest passing to their former partner if they die before the financial settlement is resolved.

**Protecting unequal contributions**

If contributions were unequal but the property was bought as joint tenants, severing allows a declaration of trust to be created recording the actual intended shares.

How to Sever a Joint Tenancy

Severance is straightforward and can be done without the other owner’s agreement:

1. **Serve a notice of severance** on the other co-owner(s) in writing. The notice must clearly state your intention to sever the joint tenancy. Keep a copy and proof of delivery.

2. **Register a restriction at HM Land Registry.** Your solicitor files Form RX1 to register a Form A restriction on the title. This restriction states that no disposition of the property can be registered unless it is made by at least two proprietors or a trust corporation. This alerts any future buyer or lender that the property is held as tenants in common.

3. **Create a declaration of trust** to record the proportions in which you hold the property. Without this, the law presumes equal shares.

The other owner does not need to consent. Severance is effective from the moment the notice is received.

Cost and Timing

Solicitor fees for a straightforward severance are typically £200–£500 including the Land Registry restriction. Some online conveyancers offer this as a fixed-price service. The process takes 2–6 weeks depending on Land Registry processing times.

Checking Your Title

You can verify how a property is currently held — and whether a Form A restriction is registered — by checking the HM Land Registry title register. Property Passport UK surfaces title register data for all properties in England and Wales, allowing co-owners to confirm their current ownership structure and take action if a severance notice has been served.

After Severance

Once the joint tenancy is severed, each owner should update their will to specify what should happen to their share of the property on death. Holding as tenants in common without a will means your share passes under intestacy rules, which may not reflect your wishes.