Severance of Tenancy
Severance of Tenancy – Protect Your Share, Preserve Your Legacy
If you own a property as joint tenants, your share automatically passes to the other owner when you die, which may not reflect your wishes or estate-planning goals. A Severance of Tenancy gives you the ability to change this arrangement so you can control what happens to your share and ensure it passes to the beneficiaries you choose.
What Is a Severance of Tenancy?
Severance of tenancy is the legal process of changing ownership from joint tenants to tenants in common. Under joint tenancy, each owner has an equal share that transfers automatically to the surviving owner, regardless of what your Will says. Once severed, each owner holds their share independently and can leave it to anyone through their Will or a Property Trust.
Why Sever a Joint Tenancy?
Severing the tenancy is important when you want your share to pass to someone other than the co-owner—such as children from an earlier relationship. It is also useful when relationships change, when updating your Will, or when you want clearer, more secure ownership of your assets. Severance prevents automatic transfer and ensures your estate remains under your control now and in the future.
Key Benefits
Severing a joint tenancy provides:
- Control over who inherits your share through your Will
- Protection of assets in cases of relationship breakdown or divorce
- Clear ownership structure, reducing legal disputes
- Prevention of automatic transfer to the co-owner
- Assurance that your long-term wishes are respected
How FF Legal Services Can Help
We handle the full severance process for you, beginning with confirming your ownership status through a Land Registry search. We prepare and serve the Notice of Severance, register the change with the Land Registry, and provide all final documentation for your records. Throughout the process, we offer clear guidance to ensure your property interests are protected and your long-term wishes are legally secured.
We'd love to hear from you
At FF Legal Services, we’re here to help with all your legal needs. Whether you have a question, need expert advice, or want to book an appointment, our friendly team is ready to assist. Call us on 0115 939 3360 or email admin@fflegalservices.com today – we look forward to helping you.
