How does severing a joint tenancy affect property ownership in divorce?
When clients come to us for an Early Evaluation, a common concern we hear is:
“I’ve received a letter about the severance of joint tenancy during divorce — what does this mean?”
They usually get a Land Registry letter that tells them they’ve become a Tenant in Common, not a Joint Tenant. It’s understandable to feel unsettled; after all, this is your home, and you’ve always owned it jointly.
But before you panic, let’s break it down for you…
Severance of Joint Tenancy in Divorce: What It Really Means
If you’ve received notice of the severance of joint tenancy during divorce, it simply means your co-ownership terms have changed — not your rights to live in the property.
The Good News: You’re Still a Joint Owner
Yes, your ownership status has changed, but you still own the property. You’re also still responsible for the mortgage, so nothing changes in that regard.
The key difference is how your share passes on in the event of your death. Let’s explore the differences between Joint Tenants and Tenants in Common, and why this change may have happened.
What’s the Difference Between Joint Tenants & Tenants in Common?
Joint Tenants (also called Beneficial Joint Tenants)
- You and the other owner(s) have equal rights to the whole property.
- If one owner dies, their share automatically passes to the surviving owner(s).
- You cannot leave your share of the property to someone else in your Will.
This is the most common form of ownership when couples buy property together. It ensures the home automatically passes to the surviving partner:
How Tenants in Common Ownership Works
- You can own different shares of the property (e.g., one person owns 60%, the other 40%).
- If you die, your share won’t automatically go to the other owner(s).
- You can leave your share to someone else in your Will.
Business partners, separating couples, or co-owners with unequal shares often use this structure.
Why Would a Joint Tenancy Be Severed?
There are a few reasons why a joint tenancy might be severed:
- Divorce or Separation: If one owner doesn’t want their share to automatically go to their ex, they can sever the joint tenancy.
- Estate Planning: Some owners prefer to leave their share to children or other beneficiaries instead of the co-owner.
- Financial & Legal Protection: If one co-owner has debts or financial risks, severing the tenancy can protect the other owner’s share from creditors.
This means that once severed, your Will now determines who inherits your share.
How Can You Change Ownership Status?
Changing from Joint Tenants to Tenants in Common (Severing the Joint Tenancy)
- One owner can do this alone
- Requires a written notice (the ‘Notice of Severance’)
- The Land Registry updates the record and notifies the other owner afterwards.
Couples often do this during divorce or separation to remove automatic inheritance rights.
Changing from Tenants in Common to Joint Tenants
- Requires agreement from all owners.
- Usually involves a legal trust deed prepared by a solicitor.
- Ensures the property automatically passes to the surviving owner(s).
This change is usually made when couples marry or want to ensure their partner receives full ownership if something happens.
What to Do After Severance of Joint Tenancy in Divorce
First, don’t panic. This doesn’t mean you’ll lose your home or be stuck with the mortgage
Here’s what you should do next:
- Review or Update Your Will: If your joint tenancy was severed, you now need a valid Will to decide who inherits your share. We can assist you to find an appropriate Probate Lawyer
- Understand the Implications: This change could impact your divorce settlement, estate planning, or tax situation.
- Get legal advice to understand why it happened and your next steps. You can contact us and together we’ll sort it with our legal partners at Paradigm Family Law LLP.
Final Thought: Be Proactive, Not Reactive
Understanding the severance of joint tenancy in divorce is key to making sure your estate, Will, and financial planning align with your intentions.
Whether you’re severing a joint tenancy or considering making a change, make sure your Will reflects your intentions.
And remember:
- Because divorce cancels any gifts to your spouse in your Will, you’ll need to create a new one…
- The Court has the power to adjust property ownership in divorce cases, so this change won’t necessarily determine your final settlement.
Need Help?
Do you need clarity on your joint tenancy situation? At whatwouldajudgesay.com, we specialise in helping you navigate through the divorce process, this includes property ownership changes during divorce and separation. We’ve designed our fixed-fee service to make the process simpler, faster, and more affordable. You can read more about severing a joint tenancy on the HM Land Registry site
Start with our free assessment; it’s designed to help you share your unique situation and organise all your information securely in one place, or feel free to give us a call on +44 (0)20 3951 0212 or email hello@whatwouldajudgesay.com.
Keep on reading: Discover more on why early evaluation makes a significant difference; The Powerful Case for Early Evaluation in Divorce.