Severance of Joint Tenancy UK (2026): How to Convert to Tenants in Common
Updated 13 May 2026 · 8 min read · England & Wales
Severing a joint tenancy converts your shared ownership of a property from automatic survivorship (the other owner gets your share when you die) to tenants in common (your share passes under your will or the intestacy rules). It is a unilateral act — one owner can do it without the other’s agreement — and it is a key step in estate planning for second marriages, blended families, and NRB trust arrangements.
Why joint tenancy and tenants in common matter
| Feature | Joint tenancy | Tenants in common |
|---|---|---|
| On death, share passes to… | Surviving co-owner automatically | Will beneficiary or intestacy |
| Can you control your share by will? | No — will is overridden by survivorship | Yes — your share passes per your will |
| IHT on first death | Spouse exemption applies; no IHT between spouses | Share is in estate — but NRB trust can shelter it |
| Probate needed? | Not for property (form DJP + death certificate) | Yes — Grant required before Land Registry transfer |
How to sever a joint tenancy: step by step
Step 1: Confirm you are currently joint tenants
Check the Land Registry title register for the property. If a restriction appears on the proprietorship register reading “No disposition by a sole proprietor of the registered estate [other than a trust corporation] under which capital money arises is to be registered except under an order of the registrar or of the court,” you are already tenants in common — no severance needed. If there is no restriction, you are likely joint tenants.
Step 2: Prepare the notice of severance
The notice must be in writing and clearly state that you are severing the joint tenancy of the property. A typical notice reads:
NOTICE OF SEVERANCE OF JOINT TENANCY
To: [Name of other joint tenant(s)]
I, [your full name] of [your address], hereby give you notice that I sever the joint tenancy in respect of the property known as [full property address and title number] with effect from the date of service of this notice. From today the property will be held by us as beneficial tenants in common in equal shares [or specify different shares if agreed].
Signed: _________________ Date: _________________
This is a template only — use a solicitor for complex situations (unequal shares, relationship breakdown, or where a Declaration of Trust is also needed).
Step 3: Serve the notice
Serve the notice on all other joint tenants. Best practice:
- Send by recorded post to the property address and any known correspondence address
- Keep a copy of the signed notice
- Keep proof of postage (Post Office receipt or tracking confirmation)
- Note the date of service — severance is effective from the date of valid service
Under s196 Law of Property Act 1925, a notice is validly served if left at the last known place of abode or business of the person to be served.
Step 4: Register a restriction at the Land Registry
To protect your tenancy in common against the other owner’s creditors and to make the severance binding on future purchasers, apply to the Land Registry using form RX1to register a Form A restriction. The restriction states that no disposition can be registered by a sole proprietor except under a court order — ensuring any sale or mortgage requires a second trustee (protecting the deceased owner’s share for their estate).
There is no Land Registry fee for registering a Form A restriction.
Step 5: Update your will
Once you hold as tenants in common, your share of the property can be directed by your will. Update (or make) your will immediately to specify what should happen to your share — leaving it to your partner, into a trust, or to your children.
When to sever a joint tenancy
- Second marriages and blended families: to ensure your share passes to your children from a first relationship, not automatically to a new spouse
- NRB discretionary trust planning: the will trust cannot be funded with a share of the property unless it is held as tenants in common
- Relationship breakdown: before or during separation, to ensure your share cannot be lost through survivorship if you die before the divorce is finalised
- Unmarried cohabiting couples: where each partner wants their own family to inherit their share, not the other partner automatically
- Protecting against care fees: a tenants in common share held in trust can (with careful planning) be outside the local authority means test for care fees
Frequently asked questions
What is severance of a joint tenancy?
Severance is the legal process of converting co-ownership of property from joint tenancy to tenants in common. Joint tenants own property as an undivided whole with the right of survivorship — on death, the surviving owner automatically inherits the deceased's interest. Tenants in common each own a defined share (typically 50/50 but not necessarily) which can be left by will or pass under intestacy. Severance destroys the right of survivorship and converts the joint tenancy into a tenancy in common, giving each owner control over their own share.
How do I sever a joint tenancy in England and Wales?
The most common method is written notice. Under s196 Law of Property Act 1925, one joint tenant can sever the joint tenancy unilaterally by serving written notice on the other co-owners. No agreement from the other owner is required. The notice must be: in writing; clearly state the intention to sever the joint tenancy in respect of the property (identify it clearly); signed by the severing owner; served on all other joint tenants. 'Service' typically means sending by post to the co-owners' address or leaving it at the property. Keep a copy and proof of delivery (recorded post is advisable).
Do I need to register severance at the Land Registry?
You do not need to register severance to make it legally effective between the parties — valid service of the notice severs the joint tenancy immediately. However, you should register it at the Land Registry to make the tenancy in common binding on third parties and to protect your share against the other owner's creditors or insolvency. Registration is done by applying to the Land Registry (form RX1) to enter a 'Form A restriction' on the property title. This restriction prevents a sole surviving owner from selling or mortgaging without involving a second trustee — protecting the deceased's share for their estate.
Can one joint tenant sever the tenancy without the other's agreement?
Yes. This is a fundamental principle of joint tenancy law. Severance is a unilateral act — any one joint tenant can sever their interest by written notice, and the other joint tenant cannot prevent it. The result is that both parties become tenants in common, even if the other owner did not want this. The only requirement is valid service of the notice. This means an owner who wants to direct their share by will does not need to persuade their co-owner to agree.
What share do I own after severance?
Unless there is evidence of a different agreement (a Declaration of Trust, a written agreement, or evidence of unequal contributions), severance results in equal shares — 50/50 for two co-owners, one-third each for three, and so on. If you want to establish different shares (for example, to reflect unequal contributions to the purchase price), you should also execute a Declaration of Trust at the same time as severance, recording the agreed shares. Without a Declaration of Trust, the default presumption of equal shares will apply.
When should I sever a joint tenancy?
Common reasons to sever: (1) Second marriage or blended family — you want your share to pass to your children from a first marriage, not automatically to a new spouse. (2) Nil rate band discretionary trust planning — to use the NRB trust in a will, the property must be held as tenants in common so the deceased's share can be directed into the trust rather than passing by survivorship. (3) Unmarried cohabiting couple — neither partner is automatically protected; each wants their share to go to their own family if they die first. (4) Relationship breakdown — before or after separation, to ensure your share cannot be lost to the other owner's debts or to a new partner via survivorship.
Does severance affect my mortgage?
Severance does not change the mortgage. Both co-owners remain jointly and severally liable for the full mortgage debt regardless of how the property is held. Severance affects only the beneficial ownership (who gets what share), not the legal title or the mortgage liability. If you later want to transfer your share or sell it, your mortgage lender's consent will be needed as a practical matter, but legal severance itself does not require lender approval.
Sever first, then update your will
Once you hold as tenants in common your will controls your share. WillSafe’s DIY will kit lets you specify exactly where your share goes — quickly, clearly, and legally.
Get the will kit →Related guides
- Joint tenants vs tenants in common — full comparison
- What happens to a tenants in common share on death
- Nil rate band discretionary trusts
- Life interest trusts in wills — second marriages
- Wills and second marriages — what to consider
- Putting your house in trust