Updated: June 2026 • Based on UK Law
What Is Severance of Joint Tenancy?
Severance of joint tenancy is the legal process of converting a joint tenancy into a tenancy in common. It ends the right of survivorship, so each co-owner holds a defined share they can leave in their will, rather than it passing automatically to the survivor.
This guide covers what severance means, how to serve a notice of severance, what changes once a joint tenancy is severed, and the severance template.
Most couples buy their home as joint tenants, often without realising it.
That means survivorship: when one of you dies, your share passes automatically to the other — whatever your will says.
Severing the joint tenancy is how you take back control of your own share.
Serve the notice the wrong way, or never register it, and survivorship can still hand your whole share to your co-owner.
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What Is Severance in a Joint Tenancy?
Severance is the way you convert a joint tenancy into a tenancy in common.
It only affects the beneficial ownership — the legal title is always held jointly and cannot be severed.
The point of it is to end the right of survivorship, so your share passes under your will instead.
Under the case of Williams v Hensman, a joint tenancy can be severed in three main ways:
- Written notice: one owner serves notice on the others under section 36(2) of the Law of Property Act 1925.
- Mutual agreement: all owners agree to hold the property as tenants in common.
- Course of dealing: conduct showing the owners treated their interests as separate shares.
Certain events, such as bankruptcy or a charging order, can also sever a joint tenancy automatically.
Written notice is by far the most common and reliable method.
What Is a Notice of Severance of a Joint Tenancy?
A notice of severance is the written notice you give to your co-owner to sever the joint tenancy.
It is the statutory route under section 36(2) of the Law of Property Act 1925.
The notice does not need a set form, and it need not even use the word “severance”.
What it must do is show a clear, immediate intention to end the joint tenancy.
A well-drafted notice names the co-owners, identifies the property, and states that you will hold as tenants in common.
Once it is validly served, the joint tenancy is severed in equity — even before you register the change.
How to Serve Notice of Severance of Joint Tenancy
The process is straightforward, but each step matters:
- Put it in writing: prepare a notice of severance stating your intention to sever.
- Serve it on every co-owner: by hand, at their last known home or business address, or by recorded delivery.
- Keep proof of service: a signed acknowledgement, or proof of recorded delivery.
- Apply to HM Land Registry: file Form SEV to enter a Form A restriction on the title.
- No fee: there is no HM Land Registry charge for this application.
⚠ Keep proof: if a recorded-delivery notice is returned undelivered, it may not count as served, and survivorship could still apply. Courts have refused to treat a returned notice as valid service, so always secure evidence the notice was delivered.
You can serve a notice unilaterally, so your co-owner does not have to agree or sign.
What Happens if a Joint Tenancy Is Severed?
The property is then held as tenants in common rather than joint tenants.
The right of survivorship no longer applies between you and your co-owner.
Each owner holds a distinct share — equal, or in whatever percentages you record.
On death, your share passes under your will, not automatically to the other owner.
This is what lets you leave your share to a child, or protect it for chosen beneficiaries.
Severance does not change who lives in the property, and it does not force a sale.
It is usually the first step before placing a share into a life interest trust will.
What Happens if One Person Leaves a Joint Tenancy in the UK?
Any one joint tenant can step out of the joint tenancy by severing their interest.
They do this by serving a notice of severance — they do not need the others to agree.
The joint tenancy then becomes a tenancy in common for everyone involved.
From that point, the person who severed holds a defined share they can deal with separately.
Their share no longer passes by survivorship; it passes under their will or the intestacy rules.
Severing does not remove anyone from the legal title or end shared liability for the mortgage.
Does the Execution of a Lease Sever a Joint Tenancy?
Generally no — and you should not rely on a lease to sever a joint tenancy.
The law on this point is not fully settled, but the better view is that granting a lease does not sever.
A lease is a temporary interest, not an outright disposal of your share, so it does not reliably end the joint tenancy.
By contrast, an outright act on your share — such as a sale, mortgage, or bankruptcy — can sever it.
If your aim is to end survivorship, do not depend on a lease.
Serve a written notice of severance, which is the clear and reliable route.
What Is the Memorandum of Severance of Joint Tenancy?
A memorandum of severance is a written record confirming the joint tenancy has been severed.
It records that the property is now held as tenants in common.
For registered property, the public record of this is the Form A restriction on the title.
For unregistered property, a memorandum is endorsed on the title deeds instead.
A signed memorandum is also useful evidence, and many people keep a copy with their will.
It helps your executors and any future buyer see that survivorship no longer applies.
Frequently Asked Questions
Can I sever a joint tenancy without my co-owner’s consent?
Yes. Serving a written notice of severance is a unilateral act under section 36(2) of the Law of Property Act 1925.
Your co-owner cannot prevent it, and does not need to sign.
Do I need a solicitor to sever a joint tenancy?
No, for a standard severance.
You can serve the notice and file Form SEV with HM Land Registry yourself.
Consider professional help where ownership shares are disputed or circumstances are complex.
Does severing a joint tenancy affect my mortgage?
No. Severance changes only the beneficial ownership, not the loan.
You both remain jointly liable for the mortgage, exactly as before, and the lender’s consent is not needed.
Do I need to register the severance with HM Land Registry?
Yes. After serving the notice, you apply for a Form A restriction using Form SEV.
There is no fee, and the restriction records that the property is held as tenants in common.
Do I need a new will after severing a joint tenancy?
It is strongly advised.
Once survivorship no longer applies, your share passes under your will.
Without one, it would pass under the intestacy rules instead of to the people you choose.
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Severance is usually step one; leaving your protected share in a trust is step two.
On its own, a severance ends survivorship, but it does not say who ultimately inherits your share.
A life interest trust will lets your partner live in the home for life, then passes your share to your chosen beneficiaries.
Because the two work together, we offer them as a single bundle.
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Last updated: June 2026
Disclaimer: This guide provides general UK legal information, not legal advice. Laws are current as of June 2026.
