Why formal severance of joint tenancy on your property is important during divorce
Most married couples own their home as joint tenants, meaning:
- Both parties own the entire property equally.
- The right of survivorship applies—if one dies, the other automatically inherits the property, regardless of any will.
While this arrangement works during marriage, it can create complications during divorce. Divorce alone does not change property ownership; formal severance is required.
Severing the joint tenancy:
- Ends the automatic inheritance right.
- Converts ownership to tenants in common, allowing each party to control their share and leave it to chosen beneficiaries.
- Provides clarity for financial settlements and estate planning.
A joint tenant has the unilateral right to sever without consent, provided notice is properly served and registered.
Legal steps to sever a joint tenancy
Under English law, severance is straightforward but must follow specific procedures:
- Serve a notice of severance
- One party can unilaterally sever the joint tenancy by serving a written notice on the other co-owner.
- Delivery options include handing it over personally, leaving it at the last known address, or sending by registered post.
- Register the change with HM Land Registry
- Complete Form SEV to register a “Form A restriction” on the property title.
- If both parties agree, include signed copies of the notice. If not, provide evidence of service.
- Submit the form and supporting documents to HM Land Registry. There is no fee for this application.
- Confirm ownership status
- After registration, the property will be held as tenants in common, meaning each party owns a distinct share (which can be equal or unequal).
Practical tips on severance of your joint tenancy
- Act early: Severance should be done as soon as divorce proceedings start to avoid unintended inheritance.
- Update your Will: Once severance is complete, revise your will to reflect your new ownership status.
- Consider financial implications: Tenants in common can hold unequal shares, which may affect property division and tax planning.
- Seek legal advice: While the process can be DIY, mistakes in notice or registration can cause disputes. A solicitor ensures compliance and protects your interests.
- Communicate clearly: If children or dependents are involved, discuss arrangements for continued occupation of the property before severance.
- Check mortgage terms: Inform your lender, as severance does not remove joint liability for mortgage payments
This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided. Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.
These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.