How do I sever a joint tenancy and why would I want to?

Full answer

Property co-owned in England and Wales is held in one of two ways. As joint tenants, both parties own the whole jointly and the right of survivorship applies -- when one dies, the survivor automatically owns everything, regardless of any will. As tenants in common, each owns a distinct share (often 50/50, but it can be any split) which forms part of their estate and passes under their will. Severance is the legal act of switching from the first form to the second. Who it affects: couples planning for inheritance tax, people in second marriages who want their share to pass to children from a first relationship, unmarried couples who contributed unequally, and anyone going through a separation or divorce who wants to protect their share. How to do it: the most common route is a written notice of severance served on the other co-owner under section 36(2) of the Law of Property Act 1925. The other owner's agreement is not needed and they cannot refuse. You then apply to HM Land Registry (usually form SEV) to enter a Form A restriction on the title. Severance can also happen by mutual agreement or by conduct. The split is generally treated as equal (50/50) on severance unless a separate declaration of trust sets out different shares. Severance does not by itself create an inheritance tax charge, but transfers between spouses or civil partners are normally exempt anyway. The 2026/27 IHT nil-rate band remains GBP 325,000 plus a residence nil-rate band of up to GBP 175,000, and severing into tenants in common is a common step in will planning to use both partners' allowances. SDLT is not triggered by severance alone. For the inheritance picture, model your estate; conveyancing or SDLT questions should go through a solicitor.

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