Instructions on Severing a Joint Tenancy
The difference between being joint tenants and tenants in common
If you own your property as joint tenants then each of you jointly own the entire property (technically it is held by you in trust for yourselves!). The consequence of this is that upon the death of one party their interest in the property passes automatically to the survivor. It is therefore usual for married couples to buy a property as joint tenants. However if they then split up it is unlikely that they would wish their other half to automatically take their “share” in the property if they were to die. They would therefore usually sever the joint tenancy and become tenants in common, until such time as the property is sold or transferred fully from one party to the other.
If you hold a property as tenants in common, this means that each owner has a distinct share in the property. If there are two owners this will automatically be half each, if three a third each, and so on. Alternatively you can decide between yourselves what share of the property belongs to each owner. For example if 2 friends were buying a property together and one contributed more to the purchase price than the other, this could be reflected in the respective shares of the property, say 75% and 25%. The important point is that each of the tenants in common always owns their share of the property, and they are only entitled to that percentage of the sale proceeds, if sold during their lifetime. If they die then their share of the property forms part of their estate. It does not automatically pass to the other owner(s).
Severing a joint tenancy
In order to sever a joint tenancy and create a tenancy in common a notice of severance needs to be served by one owner on the other joint owner of the property. A draft notice of severance is attached and needs to be completed in full. All the instructions in square brackets need to be deleted and replaced with the information indicated[If you do not know the title number of your property then you can obtain this online at a fee of £3 or call HM Land Registry on 0844 892 1111 for assistance].
The completed notice then needs to be served on the other owner in duplicate, together with the without prejudice letter (which again needs to have the instructions in square brackets replaced with the relevant information required to complete the letter] and a stamped self-addressed envelope, which the recipient can use to return a signed copy of the notice by way of acknowledgement.It is probably better to delivery this letter in person if possible and obtain the signed copy acknowledging that the notice has been served. As you will see below this will prevent any problems registering the change with H M Land Registry (if the property is registered).
If you cannot serve the notice in person then we would suggest you send this letter by way of recorded delivery, so that you have proof of posting and proof of receipt.The aim is for the other party to sign a copy of the notice and return it to you, but if they refuse to sign a copy and return it, then you will still have proof that the notice was served on them if you have sent it by recorded delivery. Keep a copy of the letter and notice with the recorded delivery receipt for the sending of the letter.
Once the notice has been served the joint tenancy has been severed, and there is nothing that either party can do to prevent or change this. This means that you will now be tenants in common. The other owner will not automatically take your share in the property if you die, but, on the other hand, you will not take theirs if they were to die.
Once the tenancy has been severed you should notify the Land Registry on the new (as from November 2008) form SEV that you have severed the tenancy. No fee is payable.
We have supplied you with a dummy form, which we have completed, but you can download the form at
There are also drafts and guidance notes available at
If the other owner is willing then get them to sign the SEVapplication. No other documents then need to be sent with the application. If not then you will need to send them the copy of the notice of severance bearing the signed acknowledgement of receipt by the addressee. If this cannot be produced then the Land Registry will require a statutory declaration (a sworn Deed) confirming that notice was given in accordance with section 36(2) of the Law of Property Act 1925 to the other joint tenant.
As we have said you really should register the change to tenants in common with the Land Registry as this places a restriction on the register and will prevent the other party dealing with the property in the event that you were to die. However failure to register the severance does not invalidate the change that you have made.
Law Dox part of Law Stuff Ltd 2013