Severance of Tenancy is a straightforward legal process that changes how you and your partner own property together. It converts a joint tenancy into a tenancy in common, giving each of you independent control over your respective share. This simple step is essential if you want your share of the property to pass according to your will rather than automatically to the surviving co-owner.

Why Sever Your Tenancy?

Most couples who buy property together hold it as joint tenants without realising the implications. Under joint tenancy, when one owner dies, their share automatically passes to the surviving owner — regardless of what their will says. This means you cannot leave your share to your children, protect it from care fees, or establish a Property Trust without first severing the tenancy.

Severance of Tenancy is essential if you want to:

• Ensure your share passes according to your will
• Protect your portion of the property from care home costs
• Guarantee your children inherit your share
• Prevent your share passing to a surviving partner’s new spouse
• Establish a Property Trust or other protective arrangements

Without severance, even the most carefully drafted will cannot control what happens to your share of jointly-owned property.

Joint Tenancy vs Tenancy in Common

Understanding the difference is crucial for effective estate planning:

Joint Tenancy. You and your co-owner are treated as a single legal entity. When one owner dies, their share automatically passes to the survivor by law — your will has no effect on the property. This is the default arrangement for most married couples and joint buyers.

Tenancy in Common. Each owner holds a distinct, separate share (usually 50/50, but can be any proportion). Each person can leave their share to whoever they choose in their will. This gives you full control and enables protective trusts.

Severance is a simple, low-cost procedure that fundamentally changes your estate planning options. We handle the entire process for you, ensuring it’s done correctly and registered properly with the Land Registry.

Who Needs Severance of Tenancy?

You should consider severing your tenancy if you:

• Have children from a previous relationship you want to provide for
• Want to establish a Property Trust to protect against care fees
• Are unmarried partners wanting independent control of your shares
• Wish to leave your share to someone other than your co-owner
• Want to protect your share from your partner’s potential creditors or bankruptcy

Even if none of these apply now, severance gives you flexibility for the future and costs very little to arrange.

Our Simple, Efficient Process

Free Consultation
We’ll check your current ownership structure and explain exactly what severance achieves for your situation.

Legal Documentation
We prepare the formal Notice of Severance and all required documents to ensure the process is legally valid.

Land Registry Registration
We handle the Land Registry application on your behalf, ensuring your new ownership structure is officially recorded.