Notice of Severance of Joint Tenancy Template

(England & Wales)

Create your notice of severance to convert a joint tenancy into a tenancy in common, with the property details, the joint tenants giving and receiving notice, the share basis, an acknowledgment of receipt, and clear guidance on serving the notice and applying to HM Land Registry.

Professionally drafted — structured following section 36(2) of the Law of Property Act 1925 for England and Wales.

Download a professionally drafted notice of severance of joint tenancy template, also known as a notice to sever joint tenancy or a severance of joint tenancy notice. It converts a beneficial joint tenancy into a tenancy in common in equity under the proviso to section 36(2) of the Law of Property Act 1925, so each owner holds a distinct share that can be left by will rather than passing automatically to the survivor by survivorship. Severance is a unilateral act — one joint tenant can sever without the others' agreement. Covers the property and title number, the joint tenants giving and receiving the notice, the share basis (equal by default, or specified shares), an acknowledgment of receipt for proof of service under section 196, and guidance on applying to HM Land Registry for a Form A restriction using form SEV. Often used for estate planning, separation and divorce, and to put a life interest trust will into effect. Structured following the Law of Property Act 1925 for England and Wales.

One-time payment: £15
✓ Lifetime access • ✓ Lifetime updates • ✓ Fully editable • ✓ Based on UK law • ✓ Instant download
✅ 30-day money-back guarantee*
Build your notice first — preview the full document before purchase. Only pay when you're happy.
Interview and editor — both included with your purchase.
📖 Need help?

Choose your method below to get started.

🎯 Two creation methods — same professional document

Whether you prefer step-by-step guidance or a traditional form, both methods produce the identical professionally-formatted notice of severance. Choose the style that suits you.

Recommended

Smart Interview

One screen at a time — less overwhelming, nothing missed.

Completion Time
~30 min
📋

Classic Editor

Everything on one page — faster if you know what you need.

Completion Time
~20 min

🔒 Your data never leaves your device — saved locally in your browser only

♻️ Unlimited use — update and regenerate your notice whenever your circumstances change

💡 Severing to set up a life interest trust?

Get the Life Interest Trust Will + Severance Notice bundle for £65 — this notice plus our Life Interest Trust Will (IPDI), so you can sever a joint tenancy to tenants in common and put the trust in place together. Just need to sever? The notice on its own is all you need.

Who Is a Notice of Severance For?

For co-owners who want to hold the property as tenants in common — each with a distinct share they can leave by will, rather than it passing automatically to the survivor.

📜
Life Interest Trust Planning
The step that makes a life interest trust work • Share passes under your will • Tenants in common
💔
Separation & Divorce
Stop your share passing to your ex • Protect your interest • Sever without their agreement
👨‍👩‍👧‍👦
Protecting Children's Inheritance
Leave your share to your children • Not automatically to a co-owner • Distinct shares
💍
Second Marriages & Blended Families
Provide for a partner and your own children • Avoid sideways disinheritance
⚖️
Unequal Contributions
Recognise different shares • Pair with a Declaration of Trust • Protect what you put in
🤝
Friends & Business Co-owners
Own as distinct shares • Each share passes under your own will • No survivorship
🏠
Estate & Tax Planning
Hold as tenants in common • Flexibility for nil-rate band planning • Leave your share freely
📩
Acting Without a Co-owner's Agreement
Severance is unilateral • Serve the notice • Their consent is not required

A notice of severance converts a beneficial joint tenancy into a tenancy in common under section 36(2) of the Law of Property Act 1925. Instead of the whole property passing automatically to the survivor, each owner has a distinct share they can leave by will.▼ Tap below to read more

📋

What Is a Notice of Severance?

Co-owners in England and Wales hold property in two layers: the legal title, and the beneficial (equitable) interest. The beneficial interest can be held in one of two ways:

  • Joint tenants — you own the whole together, with no distinct shares, and the right of survivorship applies: when one owner dies, their interest passes automatically to the survivor, regardless of what any will says.
  • Tenants in common — each owner holds a distinct share (equal or unequal) which they can leave to anyone in their will.

A notice of severance is the written notice that moves you from the first to the second. It severs the joint tenancy in equity, so from then on you hold as tenants in common.

Our template is based on UK law and structured following the proviso to section 36(2) of the Law of Property Act 1925.

Without severance, the right of survivorship overrides your will — your share passes to the surviving co-owner whatever your will says. Severing lets you leave your share to your children, protect it on separation, or put a life interest trust into effect.▼ Tap below to read more

⚠️

Why Sever — and What Happens Without It?

While you remain joint tenants:

  • Survivorship overrides your will. On death your share passes automatically to the other joint tenant — even if your will leaves it to someone else.
  • You cannot leave your share to your children. A gift of your share in your will has no effect while the joint tenancy stands.
  • A life interest trust will receive nothing. A trust over your share only works if that share can pass under your will — which requires tenants in common.

Common reasons to sever:

  • To leave your share to your children rather than a co-owner (often in second marriages and blended families).
  • On separation or divorce, so an estranged partner does not inherit your share by survivorship.
  • To put a life interest trust will in place.
  • To reflect unequal contributions, alongside a Declaration of Trust.

The notice takes effect once it is given to the other joint tenant — by hand, or by post that is not returned undelivered. Keep proof of service, then apply to HM Land Registry for a Form A restriction using form SEV (no fee).▼ Tap below to read more

🔑

How to Serve the Notice & Tell the Land Registry

Step 1 — Give the notice.

Severance takes effect when the notice is given to the other joint tenant(s). Under section 196 of the Law of Property Act 1925 it is validly given if you:

  • hand it over in person (a signed acknowledgment of receipt is the clearest proof); or
  • leave it at their last known UK home or business address; or
  • send it by registered, recorded or special delivery post — provided the letter is not returned undelivered.

Keep your proof. If a recorded-delivery letter is returned undelivered, service may fail, so personal delivery or a signed acknowledgment is the safest route.

Step 2 — Tell HM Land Registry.

Apply for a "Form A restriction" using HM Land Registry form SEV, enclosing the notice as evidence. There is currently no fee. Once entered, the restriction confirms you hold as tenants in common and stops a sole surviving owner selling or mortgaging without a second trustee. Send form SEV to HM Land Registry, Citizen Centre, PO Box 7806, Bilston, WV1 9QR.

Severance gives equal shares by default. For unequal shares you also need a Declaration of Trust. Take care with proof of service, co-owners who lack capacity, and existing mortgages — and get advice for genuine disputes.▼ Tap below to read more

⚖️

Shares, Common Mistakes & When to Get Advice

Equal shares unless you record otherwise:

Severance creates a tenancy in common in equal shares by default. To fix unequal shares — for example reflecting different contributions — you also need a Declaration of Trust. A notice of severance changes how you hold the property, not the size of each share.

Common mistakes to avoid:

  • Not keeping proof that the notice was given — without it, severance can be hard to establish later.
  • Relying only on a returned recorded-delivery letter, which may not count as service.
  • Forgetting to apply to HM Land Registry for the Form A restriction afterwards.
  • Assuming severance sets unequal shares — it does not without a Declaration of Trust.
  • Updating ownership but forgetting to review your will so your share actually goes where you intend.

When to get advice:

Consider professional advice where there is a genuine dispute, where a co-owner lacks mental capacity (severance may need Court of Protection involvement), or where the property is mortgaged or held on trust.

⚠️ After you sign — read this before you rely on it:

The notice takes effect only once it is given to the other joint tenant(s). Hand it over in person, or send it by recorded or special delivery, and keep proof of service — ideally the signed acknowledgment of receipt. This is a notice, not a deed, so no witnesses are required. Then apply to HM Land Registry for a Form A restriction using form SEV (no fee). For unequal shares, also complete a Declaration of Trust.

Frequently Asked Questions

Is this notice of severance of joint tenancy legally valid?

Yes. When completed and given to the other joint tenant(s), this creates a valid notice of severance under the proviso to section 36(2) of the Law of Property Act 1925.

It severs the beneficial joint tenancy in equity, so the owners hold as tenants in common — each with a distinct share they can leave by will.

A notice of severance is widely used across England and Wales for estate planning, separation, and life interest trust planning.

Can I sever a joint tenancy without my co-owner's agreement?

Yes. Severance by written notice under section 36(2) is a unilateral act — the consent of the other joint tenant is not required, and any joint tenant can sever at any time.

You serve the notice on the other owner; they do not have to sign or agree for the severance to take effect.

The signed acknowledgment on the document simply provides useful evidence that the notice was given.

How do I serve the notice and prove it was given?

Under section 196 of the Law of Property Act 1925 the notice is validly given if it is left at the recipient's last known UK home or business address, or sent by registered, recorded or special delivery post and not returned undelivered.

Keep proof — ideally the signed acknowledgment of receipt, or your proof of posting.

If a recorded-delivery letter is returned undelivered it may not count as served, so personal delivery with a witness or a signed acknowledgment is the safest route.

What do I do at the Land Registry after severing?

After serving the notice you apply to HM Land Registry for a Form A restriction using form SEV, enclosing the notice as evidence. There is currently no fee.

Once entered, the restriction confirms the property is held as tenants in common and prevents a sole surviving owner from selling or mortgaging without a second trustee, protecting each owner's share.

Send form SEV to HM Land Registry, Citizen Centre, PO Box 7806, Bilston, WV1 9QR.

Does severance split the property into unequal shares?

No. Severance creates a tenancy in common in equal shares by default.

If you want to record unequal shares — for example because you contributed different amounts — you also need a Declaration of Trust.

A notice of severance on its own changes how you hold the property, not the size of each share.

Do I need a solicitor?

No, for a standard severance. Our template is based on UK property law and includes the wording required by section 36(2), plus an acknowledgment of receipt and clear guidance on serving the notice and applying to HM Land Registry.

Consider advice for complex circumstances, such as a dispute over shares, a co-owner who lacks mental capacity, or where the property is subject to a trust.

What if UK law changes after I purchase?

You receive free lifetime updates — no subscription required, no monthly fees, ever.

We monitor UK law changes and update templates accordingly. When we release an updated version, it appears free in your My Templates page. No extra charges. No recurring fees.

Is this really £15 one-time, or will I be charged monthly?

£15 one-time. That's it. No subscriptions, no recurring fees, no "free trial" traps.

Here's what we don't do: Other sites advertise "free templates" — you fill one in, then they ask for your card for a "free trial" that charges a monthly fee when you forget to cancel. Worse, many are US-based and won't fit UK law. (Read about the scam)

We're different: £15 upfront for the document you actually need. Build it, preview it, pay only when you're happy. Own it forever with free lifetime updates. Based on UK law. No subscription fatigue.

Not sure where to start?

30-Day Money-Back Guarantee

We stand behind every template we sell. If something's technically wrong, we'll make it right.

You're Covered If:

  • File is corrupted or won't open
  • Missing content described on product page
  • Technical errors prevent use as described
  • File format incompatibility that prevents editing

Why you probably won't need this: You can preview the full template with watermark before purchase – so you'll know exactly what you're getting.


Bought the Wrong Template?

Mistakes happen – we get it. Within 30 days, here's how we can help:

Template Swap: We'll cancel your original and issue a different template of equal or lesser value.

Store Credit: Full purchase amount to use on any template. Never expires.

Offered at our discretion for genuine mistakes – we reserve the right to decline repeat or unreasonable requests.


How to Request:

Email [email protected] within 30 days with your order number.

We aim to respond within 2 business days. Approved refunds processed within 5 business days.