make your free notice to sever joint tenancy

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. 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.

severing a joint tenancy is a fairly simple process. the owner that wishes to end the joint tenancy simply has to complete a notice to sever joint tenancy and serve (ie give) it on the other owner. the owner receiving the notice to sever joint tenancy should then counter-sign the notice, date it and return it to the first owner.

the completed notice to sever joint tenancy should then be registered with the land registry. for more information, see the faq ‘what is the next step after issuing a notice to sever joint tenancy?’.

the notice to sever joint tenancy is effective from the date of the notice. this is clearly stated in the notice to sever joint tenancy.

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.

if the other owner agrees to the notice to sever joint tenancy (ie if they signed, dated at returned the notice), you can apply using form sev. include supporting evidence alongside your application. in this case, you should be an original (or certified copy) of the notice to sever joint tenancy signed by all owners.

if the other owner doesn’t agree you can either apply using form sev or form rx1 to register a restriction without the other owner’s agreement. you can use form sev if your supporting evidence contains a letter confirming that the notice to sever joint tenancy was:

• given to the other owner

• left at the other owner’s (last known) home or business address in the uk, or

• sent (by registered post or recorded delivery) to the other owner’s  (last known) home or business address in the uk and has not been returned undelivered

you can use form rx1 if you are unable to provide such proof.

in all situations, the application to sever the joint tenancy should be sent to the hm land registry’s citizen centre at the following address:

hm land registry

citizen centre

po box 74

gloucester

gl14 9bb

for more information, see the government’s guidance.

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.