Severance of joint tenancy

We can sever your joint tenancy and register your property as tenants in common whether it be for tax purposes or due to a change of personal circumstances.

We can also change you from tenants in common to joint tenants. You can indicate this in the form.
Our Fixed Fee is £260 INC VAT and we can submit the application on the same day we receive your notice of severance of joint tenancy.

What does severance of joint tenancy mean?

A severance of joint tenancy occurs where a co-owner of a property held as joint tenants wants to change the title ownership from Joint Tenants to Tenants in Common.
Do I need a Deed of Trust?
Registering as Joint Tenants or as Tenants in Common with HM Land Registry acts as a memo for the public record, of how you share the property.
To protect your shared ownership for any future dispositions (sale, transfer, lease, etc). you should consider getting a Deed of Trust.

If you have previously been registered as tenants in common you will need to execute a Deed of Trust in order to register as joint tenants. The deed is required to evidence your intention to sacrifice your individual share, becoming 100% joint owners, with no right to make a claim to any previous benefit. This will ensure that any future transactions are carried out according to your new Joint Tenant status, as opposed to your previous beneficial interest split as Tenants in Common.

You have more freedom for how you choose to share your beneficial ownership.
A Deed of Trust can set out your intentions for rental income, capital gains, income and capital gains tax, as well as what you'll do on sale or if you break up.
A Floating Deed of Trust has the added benefit of allowing your shares to adjust fairly if either owner makes further investments in the property - such as taking full responsibility for the mortgage repayments or funding home improvements and maintenance

Why would you want to sever a joint tenancy?

The three most common reasons for severance of joint tenancy are:
  • 1
    Property Income - to share property income in separate and often unequal proportions between the co-owners.
  • 2
    Separation - to once again share property income in separate and often unequal proportions, because the relationship between the co-owners has broken down and as such they want to clearly define their beneficial interest in the property.
  • 3
    Tax Purposes - joint tenants share rental income equally, tenants in common can share income in a much more tax efficient way utilising the lower tax brackets of the joint owners. This also requires a Deed of Trust to confirm the unequal share and if married a Form 17 disclosure to HMRC.
After severance of joint tenancy, a form A restriction is applied to the title to confirm that it will be held as tenants in common.
In the event of the death of any joint owner, the land registry must be notified with a DJP form.

How is a joint tenancy severed?

  • 1
    Agree upon the beneficial interest split post severance.
    The property as it stands is owned equally, however one party may feel they have contributed more toward the property. It is important to agree on how you split the beneficial interest before your severance of tenancy to protect against any potential legal battle over proceeds from the sale of the Property. We can help settle this for you.
  • 2
    Serve a notice of severance of joint tenancy. (If not all joint tenants are signing SEV)
  • 3
    Complete form SEV
  • 4
    Send the form to HM Land Registry’s Citizen Centre
    Include any supporting documents. There is no HM Land Registry fee to pay if all joint tenants mutually consent to the severance.
Frequently Asked Questions