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How to sever a joint tenancy (England & Wales)

In short. Serve a written notice of severance on the other owner, then apply to HM Land Registry on Form SEV with the notice and the fee. The title will then show a 'Form A restriction' confirming tenancy in common.

Severance converts a joint tenancy into a tenancy in common. It can be done unilaterally — the other owner's agreement is not required. Severance alone, without a will dealing with the share, can make matters worse, so most people sever and rewrite their will at the same time.

Last reviewed:

·Estimated time: 28 days·Cost: £0 (DIY notice) + Land Registry fee (currently free for SEV when filed with the notice)

What you'll need

  • Title number from HM Land Registry
  • Names and address of all current registered owners
  • A clear written notice of severance

The steps

  1. 01

    Check your title

    Order the title register from HM Land Registry (£3 online). If it already shows a 'Form A restriction', you are tenants in common and no severance is needed. If not, you are joint tenants by default.

    Official link →

  2. 02

    Draft the notice of severance

    Identify the property by full address and title number, state clearly that you are severing the joint tenancy under s36(2) Law of Property Act 1925, sign and date. Templates are available from solicitors and from gov.uk.

  3. 03

    Serve the notice on the other owner(s)

    Serve by registered or recorded delivery to the property address (or wherever the other owner lives). Keep proof of posting. Service is what matters legally — actual receipt is not required, but evidence of correct service is.

  4. 04

    Apply to HM Land Registry on Form SEV

    File Form SEV with HM Land Registry, attaching the notice and a statement of truth as to service. The Land Registry will enter a Form A restriction on the title confirming tenancy in common.

    Official link →

  5. 05

    Update or write your will

    Severance alone leaves your share passing under your existing will or intestacy. Write or update your will at the same time — most commonly a life-interest trust giving your spouse the right to live in the property for life, with the share passing to your chosen beneficiaries on the second death.

Common pitfalls

  • Severing without updating the will — the share then passes under intestacy, which may not match your intentions
  • Forgetting that joint mortgage liability is unaffected — both owners remain liable for the full debt
  • Severing during a separation without taking family-law advice — severance can have unintended consequences in divorce proceedings
  • Assuming severance reduces care-fee exposure on its own — it doesn't, unless it is paired with a properly drafted life-interest will trust

FAQ

Does my spouse have to agree?
No. Severance is a unilateral right under s36(2) Law of Property Act 1925. The other owner does not need to consent — but a conversation first is obviously sensible.
Does severance trigger Stamp Duty or Capital Gains Tax?
Severance between spouses or civil partners has no SDLT or CGT consequences (no consideration changes hands). Severance between non-spouses also has no SDLT effect, but CGT advice is wise if shares are altered for value.
How long does it take?
Drafting and serving the notice takes a day. Land Registry processing currently takes a few weeks. The severance takes legal effect on the date of service of the notice, not the date of registration.
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