Survivorship Deed UK: Converting Joint Tenancy to Tenants in Common
Updated 15 May 2026 · 7 min read · England & Wales
Most married couples who own property together do so as joint tenants — meaning if one dies, the other automatically inherits the whole property regardless of what either will says. A survivorship deed (technically a notice of severance) converts that joint tenancy to a tenants in common arrangement, where each owner has a defined share they can leave to whoever they choose. This conversion is a cornerstone of inheritance tax planning for property-owning couples.
Joint Tenants vs Tenants in Common: The Core Difference
| Joint Tenants | Tenants in Common | |
|---|---|---|
| On death | Surviving owner inherits automatically (right of survivorship) | Deceased's share passes under their will or intestacy |
| Shares | Cannot be defined — owners hold the whole together | Can be equal (50/50) or unequal (e.g. 70/30) |
| Will | Property passes outside the will | Share governed by will (or intestacy if none) |
| IHT planning | Cannot place share into a nil-rate-band trust on first death | Can use first death to create trust, use NRB, or pass to children |
| Care home fees | Whole property at risk | Share potentially protected via trust or beneficial interest rules |
Why Sever a Joint Tenancy?
The main reasons couples convert to tenants in common are:
- Inheritance tax planning: Each tenant in common can pass their share into a discretionary or nil-rate-band trust on first death, using their IHT nil-rate band (£325,000) and residential nil-rate band (£175,000) rather than relying on the spousal exemption to defer the whole bill to the second death.
- Protecting a share for children from a previous relationship: A surviving spouse might remarry or change their will. Converting to tenants in common lets you leave your share directly to your children, bypassing your spouse's estate.
- Separation or relationship breakdown: Where a couple separates but has not yet divorced, severing the joint tenancy prevents the surviving partner automatically inheriting the deceased's share.
- Business or investment property: Unequal contributions (e.g. one party paid a larger deposit) can be reflected in declared ownership shares via a declaration of trust alongside the severance.
How to Sever a Joint Tenancy
Severance is governed by s.196 of the Law of Property Act 1925 and case law including Williams v Hensman (1861). There are several ways a joint tenancy can be severed:
- Written notice of severance (most common): One owner serves a written notice on the other stating that they wish to sever. No particular form is required — a letter will suffice. The notice does not need to be agreed or counter-signed. It must be delivered (served) on all other joint tenants. The severance takes effect immediately on service.
- Declaration of trust / survivorship deed: Both owners sign a declaration setting out their beneficial shares as tenants in common. This is useful when the shares are unequal or where a property protection trust structure is intended.
- By mutual agreement: All owners agree in writing to hold as tenants in common in defined proportions.
- By a course of dealing: Conduct by both parties that treats the property as held in shares (e.g. both making separate wills disposing of their half) can sever at common law, but this is uncertain and not recommended — always use a written notice.
Registering the Severance at Land Registry
The severance takes effect between the parties immediately, but to protect your position against third parties (including a future buyer if the surviving owner tries to sell without you), you should register a restriction on the Land Registry title.
- Complete Land Registry Form RX1 — application to enter a restriction.
- Apply for a Form A restriction: “No disposition of the registered estate by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.” This prevents a sole surviving owner selling without appointing a second trustee.
- File the RX1 at HMLR with a copy of the notice of severance. The current fee for registering a restriction varies by property value — check HMLR's fee scale.
HMLR will update the title to show the restriction. The register will also note that the property is now held by tenants in common.
Update your will immediately after severing. As joint tenants your property passed outside your will. Once severed, your half share falls into your estate — if you have no will, or if your will does not address the share, it may not reach the right beneficiaries. Make or update your will at the same time as the severance.
Severance and Inheritance Tax Planning
The most common reason married couples sever is to allow each spouse to use their nil-rate band on the first death rather than relying solely on the spouse exemption. A typical structure:
- Sever joint tenancy — each spouse owns a 50% tenants in common share.
- Make mirror wills (or separate wills) placing each share into a nil-rate-band discretionary trust on first death, with the surviving spouse as a potential beneficiary.
- On first death, the deceased's share (up to £325,000 + RNRB £175,000) passes into the trust free of IHT. The surviving spouse does not inherit the full share outright, so the nil-rate band is not wasted.
- On second death, the trust assets are not included in the survivor's estate.
Since 2007, the transferable nil-rate band means spouses can inherit each other's unused NRB anyway — so the trust approach is most valuable for larger estates where the combined NRB is insufficient, or where there are children from previous relationships.
Frequently Asked Questions
Is a 'survivorship deed' a separate legal document from a notice of severance?
Strictly speaking, English law uses the term 'notice of severance' for the written act that converts a joint tenancy to tenants in common. 'Survivorship deed' is a colloquial label used by some solicitors and estate planners for the same document, sometimes combined with a declaration of trust setting out the ownership shares. Both terms refer to the same underlying act of severance.
Do both owners need to agree to sever the joint tenancy?
No. Either joint tenant can sever unilaterally by serving a written notice of severance on the other. The notice does not require the other party's consent or signature. However, the severance only affects the equity (beneficial interest) — the legal title remains held jointly until both parties take steps to change it.
Do I need to update my will after severing the joint tenancy?
Yes — this is critical. As joint tenants, your share passes automatically by survivorship outside your will. Once you have severed, your share forms part of your estate and will pass under your will (or intestacy rules if you have no will). If you sever without updating your will, your share may not go where you intend.
Does the Land Registry need to be notified?
The severance takes effect immediately between the parties without registration. However, to protect your position against third parties, you should enter a restriction on the Land Registry title using Form RX1 (restriction in Form A). Without the restriction, a future buyer could take free of your interest if the surviving owner acts without you.
Can a joint tenancy be severed if one owner has lost mental capacity?
If one owner lacks mental capacity, only the Court of Protection can authorise a severance on their behalf via a statutory will or property and affairs deputy order. The incapacitated person's attorney under a property LPA may be able to sever on their behalf if it is in the person's best interests — seek specialist advice.
What happens to our joint tenancy if we divorce?
A divorce order (decree absolute / final order) does not automatically sever a joint tenancy. You need a separate notice of severance. However, the family court can make property adjustment orders that convert ownership to tenants in common as part of the financial settlement. Until then, if one spouse dies, the other inherits by survivorship even after separation.
Make a Will That Works with Your Property Ownership
Severing your joint tenancy only works for your estate if your will addresses your share. Our DIY will kit guides you through writing a will that reflects your tenants in common ownership and protects your family's inheritance.
Get the WillSafe Kit →Related Articles
- Joint tenants vs tenants in common — full comparison
- Severance of joint tenancy — legal process
- What happens to tenants in common property on death
- Nil-rate band discretionary trust in a will
- Property protection trust
- Inheritance tax on property
- Putting a house in trust
This article is for general information only and does not constitute legal or tax advice. Property ownership and IHT planning should be confirmed with a qualified solicitor or financial adviser.