Severing a Joint Tenancy
How to change from joint tenants to tenants in common (and why it matters)
How you own your home determines who inherits it. Get this wrong in a second marriage and your children could lose everything.
Book a free 15-minute callJoint Tenants vs Tenants in Common
Understanding the difference
Joint Tenants
What it means:
- •You both own the whole property together
- •If one dies, home automatically goes to survivor
- •Your will does NOT control the house
- •Survivor gets everything (even if your will says otherwise)
Common for: First marriages, no children, simple estates
Tenants in Common
What it means:
- •You each own a separate share (usually 50/50)
- •Your share does NOT automatically pass to the other
- •Your will DOES control your share
- •You can put your share in trust for children
Common for: Second marriages, blended families, estate planning
Severing the tenancy = Changing from left to right
Day-to-day life stays exactly the same. You still live together, still jointly responsible for mortgage. Only what happens when you die changes.
Why Do This?
Most couples sever tenancy for protection, not tax
Protect Your Children
If surviving partner remarries, your children are protected. Your share goes into trust for them, not to new spouse.
Control Inheritance Timing
Surviving partner can live in the home for life, but children inherit after. Not outright, uncontrolled inheritance.
Prevent Sideways Disinheritance
Stop assets accidentally passing to step-family or new partner's children instead of yours.
Clarity & Certainty
No automatic outcomes. You decide who gets what, when. No surprises for your family.
Protect Against Influence
If surviving partner faces family pressure or develops dementia, your wishes are locked in.
Partner Protected Too
They can stay in the home for life. They're not forced to sell. Just protected from giving it away.
This is especially important if:
- You have children from a previous relationship
- There's a significant age gap between you
- The home is your main family asset
- You've seen families fight over inheritance
- You want certainty, not hope
Is This Right for You?
Severing is usually sensible if:
You might NOT want to sever if:
This is why severing should be considered, not automatic. It's a tool for specific situations, not a one-size-fits-all solution.
The Process (It's Simpler Than You Think)
Two steps. Zero cost. Usually takes 4-6 weeks.
Give Notice of Severance
One owner gives the other written notice saying: "I am severing the joint tenancy so we own the property as tenants in common."
Can be:
• Signed by both (agreement), or
• Served by one on the other (notice)
This is what actually changes ownership in law.
Time: Immediate
Cost: £0
Tell HM Land Registry
Submit Form SEV to Land Registry.
This:
• Adds a Form A restriction to the title
• Shows property is owned as tenants in common
• Official record of the change
Time: 2-6 weeks
Cost: £0
Result: Done
You're now tenants in common. Your will controls your share. Life continues exactly as before.
Complete Form SEV Yourself
Field-by-field instructions
Most people complete this in 15-20 minutes. Here's exactly what to put in each box.
Official Resources
Everything from trusted government sources
Download Form SEV
Choose your format:
Tip: Word version easier if typing. PDF version fine if handwriting.
Official Government Guide
Gov.uk severing tenancy guide
Read Official GuideWhat it covers:
- • Legal explanation
- • When to sever
- • How to sever
- • What happens after
Find Your Title Number
Free property search
Search Your PropertyEnter your address to get:
- • Title number (shown on title register)
- • Current ownership type
- • Registered property details
Cost: £7 for title register download
Don't Make These Mistakes
(They cause delays or rejections)
Forgetting the title number
Land Registry CANNOT process without it. Find it on your deeds or search free online.
Ticking multiple boxes in Panel 7
Tick ONE option only (usually Option A if both applying).
Not signing the form
Both owners must sign if using Option A. Unsigned forms are rejected.
Wrong names
Use names exactly as they appear on the title register. "John Smith" ≠ "J Smith".
No email address
Without email, you won't get updates. Processing notifications go to email first.
Submitting before severance
The joint tenancy must actually be severed BEFORE you submit Form SEV. The form records the severance, it doesn't create it.
Can You Do This Yourself?
Often yes. But not always.
Now that you've seen exactly what's involved (Form SEV guide above), you can decide whether to do this yourself or use a solicitor.
For most couples: The form is straightforward. You can do it.
For complex situations: A solicitor adds reassurance.
Here's how to decide:
If:
- Both agree
- Only two owners
- No disputes or separation
- No complex circumstances
- You're comfortable following instructions
You can do this yourself:
- Draft notice of severance (written statement)
- Sign and serve on each other
- Complete Form SEV online
- Submit to Land Registry
Total cost: £0
Time: 2-3 hours of your time
What you need:
- • Property title number (on deeds or Land Registry website)
- • Property address
- • Both owners' names
- • Ability to follow form instructions carefully
Still Unsure? You Have Options
Completing Form SEV yourself:
- ✓ Free (saves £150-400)
- ✓ Takes 15-20 minutes
- ✓ Straightforward for couples
Using a solicitor:
- ✓ They handle everything
- ✓ Good for complex situations
- ✓ Cost: £150-400 + VAT
What Does This Cost?
| What | Cost | Who Pays |
|---|---|---|
| Notice of Severance | £0 | N/A |
| Form SEV | £0 | N/A |
| Land Registry Fee | £0 | N/A |
| Solicitor (if used) | £150-400 + VAT | You (optional) |
Total if DIY: £0
Total with solicitor: £150-400 + VAT
Most couples do this themselves successfully. Solicitors are optional unless circumstances are complex.
How Long Does It Take?
Day 1
Notice Served
Legal severance is immediate once notice served
Weeks 1-2
Form SEV Submitted
Complete and submit Form SEV to Land Registry
Weeks 2-6
Land Registry Processing
They update the title register
Week 6+
Complete
Confirmation received. You're now tenants in common.
Important: Even while Land Registry is processing, the severance is already legally effective.
Why This Matters for Your Estate Plan
If you're creating:
- • A Life Interest Trust
- • Mirror wills with protection for children
- • Multi-generational planning
Then severing tenancy is often a necessary first step.
Without severance:
- The trust may never apply to your home
- The survivor inherits everything outright (your will is ignored)
- Your children's protection disappears
With severance:
- Your share goes into the trust
- Survivor can live in the home for life
- Children inherit after, as you intended
- Your estate plan actually works
Visual Flow
❌ WITHOUT Severance (Joint Tenants)
Joint Tenants
One Dies
Survivor Gets Everything
(Your will is ignored)
✓ WITH Severance (Tenants in Common)
Tenants in Common
One Dies
Your Share
Life Interest Trust
Survivor Lives in Home
Children inherit after
Important: We Are Not Property Lawyers
We do not provide legal advice on property ownership or conveyancing. This information explains your options so you can decide how to proceed.
You may:
- • Complete the process yourself (most do), or
- • Instruct a solicitor if you prefer professional handling
Our role: Estate planning (wills, trusts, LPAs). We help you understand how severed tenancy works with your estate plan.
Your Severance Checklist
Everything you need to complete the process
Before you start:
Completing the form:
Before submitting:
Submit:
After submission:
Related Guides
Estate Planning for Property Owners
Trust-structured planning for families with property portfolios
Read GuideReady to Protect Your Family?
Severing tenancy is just one part of proper estate planning
If you're considering this, you probably need trust-structured wills. Let's discuss your situation and create a plan that actually works.
Free consultation. No obligation.