Joint tenants vs tenants in common — what happens to property on death

Second families: parents from a previous relationship usually want their share of the house to go to their own children, not be absorbed automatically by the new spouse. Tenancy in common with a life-interest will achieves this.

Care-fee planning: a first-death severance and life-interest trust can in some circumstances protect the deceased's share from the survivor's later care-fee assessment. This is a legitimate planning route — distinct from giving the house away in lifetime, which triggers deprivation issues.

Inheritance Tax: spouses can use either structure with full spouse exemption, but tenancy in common gives more flexibility to use both nil-rate bands and the residence nil-rate band efficiently.

Severance is the unilateral act of converting a joint tenancy into a tenancy in common. You serve a written notice of severance on the other owner(s). Service can be by post (registered or recorded delivery is safest).

Once served, apply to HM Land Registry on Form SEV with the notice and an SDLT-free fee, asking for a Form A restriction to be entered on the title. After registration the title formally records the change.

Severance does not change who lives in the property or who pays the mortgage. It only changes what happens to each share on death.

Without severance + a will that deals with the share, severing alone can make things worse — the share would pass under intestacy, not necessarily where you want.

Joint mortgage liability is unaffected by severance. Each owner remains liable for the full debt to the lender, even if their beneficial share is only 50%.

If you sever and one owner later loses capacity, getting their consent to sell is harder. A Property & Financial Affairs LPA registered before severance avoids problems if a sale is needed later.