Severing a Joint Tenancy: Why Acting Quickly Could Protect Your Property Rights
If you co-own a property with an ex-partner or co-owner and you're separating or experiencing a dispute, severing the joint tenancy may be one of the most important legal steps you take. At Parachute Law, we specialise in helping clients secure their beneficial interest in jointly owned property before it’s too late.
What Is a Joint Tenancy?
Under English law, joint tenants each own the whole of the property together, not separate shares. This means that:
You have equal rights to the entire property.
If one of you dies, the other automatically inherits the whole property, regardless of your Will (this is known as the right of survivorship).
Either party can sell or mortgage the property without the other's consent, unless a restriction has been registered.
Joint tenancy is common for couples buying a property together, but once the relationship ends, it can leave your share vulnerable.
Why Severing the Joint Tenancy Is Crucial?
When relationships break down, the joint tenancy should be severed as soon as possible. Until severance is completed:
You continue to own the whole property jointly.
If you die, your share will pass automatically to the other joint tenant – even if you have children or want someone else to inherit.
The other person could, in theory, deal with the property without your full knowledge or agreement.
Once the joint tenancy is severed, you become tenants in common. This means:
You each own a separate and distinct share of the property.
There is no right of survivorship – your share passes according to your Will or intestacy rules.
The Land Registry can register a Form A restriction, preventing any dealings with the property without both parties’ agreement.
What Does Severing the Joint Tenancy Actually Do?
Severing the joint tenancy:
Crystallises the 50:50 ownership split at the point of severance, unless a different agreement or trust arrangement can be proven.
Protects your beneficial interest from being passed to the other party on death.
Ensures that any decisions involving the property (sale, remortgage, buyout) must be made jointly, from that point onward.
It’s important to understand that severance does not change the legal title – both names remain on the Land Registry. But it does change the equitable ownership, giving each party a defined share of the equity moving forward.
How Do You Sever a Joint Tenancy?
The process is straightforward with legal guidance. At Parachute Law, we handle the severance in two key steps:
1. Serve Notice of Severance
We draft and serve a written notice of severance on the other joint owner in accordance with section 36(2) of the Law of Property Act 1925. This unilaterally ends the joint tenancy.
2. Register a Form A Restriction
We then apply to HM Land Registry to enter a Form A restriction on the title. This ensures the property cannot be sold, transferred, or mortgaged without both parties' consent – adding essential protection during separation or dispute.
Why Choose Parachute Law?
Experienced solicitors with specialist knowledge in co-ownership and relationship breakdowns
Fast, fixed-fee service to sever the joint tenancy and register the restriction
Guidance on follow-up steps, such as agreeing a buyout, valuing the property, or calculating each party’s share
We support clients across England and Wales in protecting their property interests and reaching fair outcomes without unnecessary court action.
Ready to Protect Your Share?
If you're separating from a co-owner or ex-partner, don’t delay. Severing the joint tenancy is the first step toward protecting your share and reaching a fair resolution.
Email us at thelegalteam@parachutelaw.co.uk
Call us today or book a fixed-fee consultation to get started.
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