A Practical Guide by Frank Arndt – Senior Partner at Paradigm Family Law
Joint Tenancy Severance Explained
When discussing property ownership, the phrase “Sever Us” might conjure thoughts of a Harry Potter character, but in the legal realm, it refers to a significant change in how a property is owned.
At Paradigm Family Law, one of the most common queries we receive is:
“I’ve been served with a notice saying the joint tenancy has been severed—what does this mean?”
This post aims to demystify joint tenancy severance, explain its implications, and offer guidance for anyone facing this situation.
What Is a Joint Tenancy?
If you and your spouse or partner own a property together, it is often held as Joint Tenants. This arrangement comes with several key features:
- Equal Ownership: Both owners share equal rights to the entire property.
- Right of Survivorship: Upon the death of one owner, their share automatically transfers to the surviving owner.
- No Bequeathing: Ownership cannot be passed on through a Will.
Do I Need to Worry About Severance in Divorce Proceedings?
Not necessarily. Family courts have the power to decide property ownership as part of divorce settlements, regardless of whether the property is held as Joint Tenants or Tenants in Common.
However, if you’re considering severance, ensure you also review your Will. Divorce impacts any existing Will, often invalidating provisions for a former spouse.
Act During Divorce Proceedings
If you’re thinking of severing a joint tenancy, or if you’ve received a Notice of Severance, here are your next steps:
- Review Your Will: Ensure it reflects your intentions for your share of the property.
- Seek Legal Advice: A solicitor can help you understand the implications and guide you through the process.
- Act Quickly: Avoid delays that could complicate your financial or estate planning.
What’s involved in Severing the Joint Tenancy?
Severance of a joint tenancy transforms ownership into a Tenancy in Common.
This means:
- The Right of Survivorship no longer applies.
- Each owner’s share of the property is distinct and can be passed on through their Will.
- This process is straightforward and does not require the other owner’s consent. A Notice of Severance is served to the co-owner(s) and recorded with the Land Registry.
What Does It Mean If I Receive a Notice of Severance?
Receiving a Notice of Severance can feel alarming, but it is essential to know:
- You remain a joint owner of the property.
- Your financial responsibilities—such as mortgage payment remain unchanged.
- The notice only alters how the property is distributed upon death.
While severance doesn’t affect your legal ownership, it’s crucial to review or update your Will to ensure your share of the property is allocated according to your wishes.
Why Sever a Joint Tenancy?
There are many reasons why someone may serve joint tenancy:
- Divorce or Separation: To prevent a spouse or partner from automatically inheriting the property upon death.
- Estate Planning: To leave your share of the property to someone else, such as children or other family members.
- Dispute Resolution: To clarify and secure distinct shares of ownership.
- Changing from Tenants in Common to Joint Tenants
On the other hand, circumstances like marriage or reconciliation might prompt co-owners to revert to a Joint Tenancy. This process requires:
- Agreement between all owners.
- Preparation of a trust deed by a solicitor to document the change.
Key Differences Between Joint Tenants and Tenants in Common
| Feature | Joint Tenants | Tenants in Common |
| Ownership | Equal rights to the whole property | Distinct shares, which can vary in size |
| Inheritance | Automatically passes to surviving co-owner | Can be left to someone else in a Will |
| Will Provisions | Cannot pass ownership through a Will | Ownership passes per the owner’s Will |
How Whatwouldajudgesay.com Can Help?
Contact us today to learn more about our fixed-fee service and how we simplify the divorce process for you. Feel free to give us a call on +44 (0)20 3951 0212 or email hello@whatwouldajudgesay.com or use get started to share your unique situation.
Final Thought:
Property ownership during a separation or divorce can feel complex and overwhelming but with the right legal advice, straight from a judge, you can make informed decisions and protect your future.
Let Whatwouldajudgesay.com be your trusted partner in navigating these challenges.