The Structural Pivot
Converting your property ownership from joint tenants to tenants in common is a critical first step for effective estate planning — unlocking your ability to direct your share of the property through your Will or a Trust.
The distinction between these two forms of co-ownership is fundamental to estate planning — yet it is often overlooked until it is too late to change.
Joint tenants cannot leave their share of property via a Will — it passes automatically to the co-owner. Severing to tenants in common allows you to direct your share through a Property Protection Trust or directly to chosen beneficiaries.
As joint tenants, the entire property value is assessed for care fees if the survivor enters care. Severing the tenancy ring-fences the first-to-die's share, shielding it from local authority means testing.
If you have children from a previous relationship, severing the joint tenancy ensures your share passes to them — not automatically to a step-parent who may remarry or redirect the asset elsewhere.
Severance can be effected by mutual agreement, by written Notice of Severance served on the co-owner, or by a course of dealing. We manage the entire process — from drafting and serving the notice to registering the restriction at HM Land Registry.
Both co-owners sign a formal Deed of Severance. We draft the deed, arrange execution, and register the restriction at HM Land Registry. This is the most common and cooperative route.
One co-owner serves formal written notice on the other under section 36(2) of the Law of Property Act 1925. The notice must be in writing and show a clear, immediate intention to sever. We draft the notice and manage service.
Where the conduct of the co-owners demonstrates a mutual intention to sever — such as exchanging correspondence about dividing the property or commencing divorce proceedings. We advise on whether your circumstances suffice.
We examine your Land Registry title to confirm current ownership and any existing restrictions.
We explain the implications and ensure severance aligns with your broader estate plan.
We draft and execute the Deed or Notice — whichever method suits your circumstances.
We lodge Form SEV and Form RX1 at HM Land Registry to register the Form A restriction.
Take the first structural step in safeguarding your estate.
Enquire about Severance