Sever the Tenancy of a Jointly Owned Property During a Divorce
Understand the steps required to sever the tenancy of a jointly owned property affect your rights during a divorce is essential
Severing a Joint Tenancy: How to Protect Your Property Share During Divorce
When couples buy a property together, they typically do so as joint tenants — meaning both parties own the whole property, and ownership automatically transfers to the surviving owner if one of them dies. While this arrangement makes sense when a couple first buys together, it can become unsuitable if circumstances change. Severance is the process that enables joint tenants to convert their ownership to tenants in common. During a divorce, severing the joint tenancy of a jointly owned property is widely recommended.
What is severance of a joint tenancy?
Severance converts joint ownership of a property from a joint tenancy — where both parties own the whole — into a tenants in common arrangement, where each party holds a defined share. Once severed, neither party’s share automatically passes to the other on death; instead, each person can direct their share via their will or the rules of intestacy.
The forms to complete the process yourself are available on the GOV.UK joint property ownership page, though a solicitor is recommended for most circumstances.
Types of property ownership
Understanding the different forms of property ownership is important before deciding whether to sever a joint tenancy.
| Ownership type | Who owns it | Right of survivorship | Best for |
|---|---|---|---|
| Sole ownership | One individual owns the property entirely | Not applicable | Single buyers; full individual control |
| Joint tenancy | Both parties own the entire property jointly and equally | Yes — surviving owner inherits automatically, without probate | Couples who want automatic transfer on death |
| Tenants in common | Each party holds a defined share (not necessarily equal) | No — each share passes to the owner’s heirs or estate | Divorcing couples; unequal contributions; estate planning |
Sole ownership
A single individual owns the property entirely in their name, with full control over decisions. No other party has a legal claim to the property.
Joint tenancy
Both parties own the entire property jointly and equally. The key feature is the right of survivorship: if one party dies, the surviving co-owner automatically inherits — without the need for a will or probate.
Tenants in common
Co-owners hold individual shares of the property, which do not have to be equal. There is no right of survivorship — if one co-owner dies, their share passes to their heirs, not the surviving co-owner. This makes it an important consideration for inheritance tax planning.
Why sever a jointly owned tenancy during divorce?
Many married couples own property as joint tenants, but this structure often does not suit the needs of a divorcing couple. The main reasons to consider severing the tenancy are:
- Protect your share — converting to tenants in common ensures your share of the property will not automatically pass to your ex-spouse if you die. Instead, your portion can be left to heirs or directed in accordance with your will.
- Estate planning — for those using legal fee lending, such as Level’s family law services, severing the joint tenancy ensures your share of the property forms part of your estate, enabling repayment of any debts from it.
- Clarity during divorce — moving to tenants in common can simplify financial arrangements during the divorce process, making it easier to divide assets fairly.
The process of severing a joint tenancy
The steps are straightforward and are typically handled with the help of a solicitor. If preferred, the process can also be completed without one using the forms on GOV.UK.
- Serve a written notice of severance — provide written notice to the other co-owner that you intend to sever the joint tenancy. This is typically done by your solicitor.
- Obtain proof of service — secure evidence that the notice was delivered, such as proof of recorded delivery.
- Complete Form SEV — fill out the SEV form, which is required to officially notify the Land Registry of the change in ownership structure.
- Submit to the Land Registry — send the completed SEV form, along with any necessary supporting documentation, to the Land Registry.
- Update the title deeds — once processed, the Land Registry will place a restriction on the property’s title deed, confirming it is now held as tenants in common.
Things to keep in mind
Severing a joint tenancy can provide important peace of mind, but it is not a decision to take lightly. Key considerations include:
- Consult a professional — while severance can technically be completed without a solicitor, speaking with a solicitor or independent legal adviser is strongly recommended to ensure it is the right step for your situation.
- Update your will — once the joint tenancy is severed, update your will to reflect how you want your share of the property to be distributed. If you do not have a will, the rules of intestacy will determine who inherits your share.
- Communicate with the other co-owner — informing the other co-owner about the severance and its implications can help avoid misunderstandings and reduce conflict during what is already a difficult process.
