Severance of joint tenancy is the legal process of changing how you and your co-owner hold a property — from joint tenants (where the property automatically passes to the survivor) to tenants in common (where each person owns a defined share).
This is one of the most important steps in protecting your property and is often done alongside creating a Property Trust Will. Without severance, a Property Trust cannot work because the right of survivorship overrides the Will.
The process is straightforward in 2026. It involves serving a written notice of severance on the other owner(s) and registering the change with HM Land Registry using a Form SEV. There is no Land Registry fee for this application.
Severance does not change the way you use or enjoy the property. You both continue to live in and benefit from the property exactly as before. The only change is in the legal structure of ownership.
There are several reasons to consider severance: protecting your share from your partner's future care fees, ensuring your share passes to your chosen beneficiaries (not automatically to the survivor), and enabling more effective IHT planning.
Severance is particularly recommended for couples in blended families, where each partner wants to protect their share for their own children.
At Castle Family Legal, we handle the entire severance process as part of our Property Trust Will service. Contact us to find out more.
