MAKE YOUR FREE Notice to Sever Joint Tenancy
What we'll cover
What is a Notice to Sever Joint Tenancy?
A Notice to Sever Joint Tenancy is a legal document that allows two or more people who own a property jointly 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.
When should I use a Notice to Sever Joint Tenancy?
Use this Notice to Sever Joint Tenancy:
-
if you own 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
Sample Notice to Sever Joint Tenancy
The terms in your document will update based on the information you provide
This document has been customised over 10.3K times
Documents and communicates
Ask a lawyer questions about your document
Sign this document online for free with RocketSign®
NOTICE OF SEVERANCE
- We and are the joint owners of the property known as , registered with title number at HM Land Registry.
- We hold the property and the future proceeds of sale on behalf of ourselves as beneficial joint tenants, so that in the event of the death of either of us, the survivor will become the sole owner.
- We understand that having regard to considerations of asset protection, it would be preferable to convert our joint tenancy into a tenancy in common, so that we each have the right in the future to dispose of our individual interests in the property and its proceeds of sale under our respective Wills.
- Accordingly, by virtue of the proviso to Section 36(2) of the Law of Property Act 1925, each of us hereby gives notice to the other of our desire to sever as from the date of this notice our joint tenancy in equity over the property. We hereby separately declare that the joint tenancy is, in consequence, duly severed in equity, and that we hold the property and the future proceeds of sale as tenants in common .
- It is our intention that this notice shall take effect immediately.
| _________________________________ | _________________________________ |
| _________________________________ | _________________________________ |
About Notices to Sever Joint Tenancies
Learn more about making your Notice to Sever Joint Tenancies
-
How to make a Notice to Sever Joint Tenancy
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?
-
-
-
Common terms in a Notice to Sever Joint Tenancy
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.
-
Legal tips for making a Notice to Sever Joint Tenancy
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
-
Notice to Sever Joint Tenancy FAQs
-
What is included in a 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)
-
-
Why do I need a Notice to Sever Joint Tenancy?
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.
-
What is the difference between joint tenancy and tenancy in common?
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.
-
What is the process for severing a joint tenancy?
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?’.
-
When is the Notice to Sever Joint Tenancy effective?
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.
-
What is the next step after issuing a 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.
-
-
When is a Notice to Sever Joint Tenancy not appropriate?
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.
-
Our quality guarantee
We guarantee our service is safe and secure, and that properly signed Rocket Lawyer documents are legally enforceable under UK laws.
Need help? No problem!
Ask a question for free or get affordable legal advice from our lawyer.
