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A Notice to Sever Joint Tenancy is a document by which two or more people who own a property jointly decide to sever the joint tenancy. Notices to Sever Joint Tenancies are used to change how properties are held from joint tenancies to tenancies in common. The Notice outlines the current ownership status and the intended change.
For use in England and Wales only.
Use this Notice to Sever Joint Tenancy:
if you hold a property jointly with another person
if you both want to sever the joint tenancy so that you hold the property as tenants in common (ie in distinct shares)
if you want to record the change in ownership
when the property is registered with the Land Registry
when the property is in England or Wales only
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This Notice to Sever Joint Tenancy template covers:
the current ownership of the property
the change in ownership
how the property interest will be held (ie in equal or distinct shares)
If you are a joint tenant of a property and want to instead own the property as tenants in common, you should use a Notice to Sever Joint Tenancy (also known as a ‘notice of severance of joint tenancy’ or ‘severance of joint tenancy’). You may want to convert a joint tenancy to a tenancy in common to protect your assets, for example, if you divorce and separate and want to leave your share of the property to someone other than your co-owner in your Will.
A Notice to Sever Joint Tenancy should be used where you and the other joint tenant both want to sever the joint tenancy. By serving a Notice to Sever Joint Tenancy you ensure that you follow the proper process to change the ownership status of a property.
For more information, read Co-ownership of property.
Joint tenants have equal rights to the whole property and cannot pass on ownership of the property in their Will. The property automatically goes to the other owner(s) if one owner dies.
Tenants in common own distinct shares of the property (which can be equal or unequal) and can pass on their shares of the property in their wills. The property doesn't automatically go to the other owner(s) if one owner dies.
For more information, read Co-ownership of property.
The Notice to Sever Joint Tenancy is effective from the date of the Notice. This is clearly stated in the Notice.
If the property is registered at the Land Registry, you need to register the change with the Land Registry. To do so, you'll need to apply for a Form A restriction.
This Notice to Sever Joint Tenancy should not be used:
if the property is located outside of England and Wales (eg in Scotland)
where the property isn’t held as joint tenants
if the property isn’t registered with the Land Registry
The Notice also shouldn’t be used where the other owner doesn’t agree to the severance of the joint tenancy. While you can still sever a joint tenancy without a co-owner’s agreement, the process is different. For more information, read Co-ownership of property and the Government’s guidance. Ask a lawyer if you have any questions.
Making a Notice to Sever Joint Tenancy online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Notice to Sever Joint Tenancy you will need the following information:
Party details
What is the name of the first registered owner? This should be their name as recorded on the Land Registry’s proprietorship register.
What is the name of the second registered owner? This should be their name as recorded on the Land Registry’s proprietorship register.
Property
What is the address of the property?
What is the title number of the registered property?
What type of interest do the owners have in the property, freehold or leasehold?
How will the owners share their interests in the property after ending their joint tenancy, in equal shares or in unequal shares?
If the property is held in unequal shares, what are the details of the unequal ownership shares?
A Notice to Sever Joint Tenancy is used to change the ownership of a property from joint tenants to tenants in common. To facilitate this, the Notice to Sever Joint Tenancy covers:
Notice of Severance
The Notice is a short document which sets out that it is the owners’ wish to sever the joint tenancy and to instead hold the property as tenants in common.
The Notice identifies the owners and the property in question and clarifies that the owners currently hold the property as joint tenants but now wish to change this to tenants in common. It also sets out the legal basis for allowing this ownership change. The Notice also sets out in what shares the owners wish to hold the property going forward.
If you want your Notice to Sever Joint Tenancy to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Notice for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
Make sure the Notice to Sever Joint Tenancy is right for your situation
You should use a Notice to Sever Joint Tenancy when you co-own a property in England or Wales with another person and you both want to change from joint tenants to tenants in common. If this isn’t the case, this Notice won’t be appropriate. For more information on when to use and not use a Notice to Sever Joint Tenancy, read the FAQs ‘Why do I need a Notice to Sever Joint Tenancy?’ and ‘When is a Notice to Sever Joint Tenancy not appropriate?’. If you have any questions or concerns do not hesitate to Ask a lawyer.
Remember to update HM Land Registry
This document should be used where your property is registered with HM Land Registry. As a result, when you change how the property is owned, you need to update the Land Registry of the relevant changes. This is done by filing a Form A restriction using application form SEV. For more information, read the FAQ ‘What is the next step after issuing the notice of severance?’.
Understand when to seek advice from a lawyer
Ask a lawyer if:
you hold the property as tenants in common and want to change to joint tenants
you need help in completing this Notice to Sever Joint Tenancy
you need help with the registration of the Notice at the Land Registry
there are more than 2 co-owners
this document doesn’t meet your specific needs
