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Glossary · General

Severance of joint tenancy

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By the Money Guide editorial team · Editorial responsibility: Kaiser Khan, Editorial Director · How we check facts

Definition: Converting a joint tenancy into a tenancy in common. After severance, each owner's share passes under their will or intestacy instead of automatically to the survivor.

Severance is a unilateral right under s36(2) Law of Property Act 1925 — the other owner's consent is not required. Notice is served in writing, then registered at HM Land Registry on Form SEV.

Severance is common where parents from previous relationships want their share to pass to their own children, and as part of life-interest will trusts protecting half the family home.

Primary source: legislation.gov.uk/ukpga/Geo5/15-16/20/section/36

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