Template for Severing a Joint Tenancy

Template for Severing a Joint Tenancy

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Overview

This article merely examines the procedure for severing a joint tenancy in order to convert to a tenancy in common. It does not examine the reason why it should be done or should not be done, but merely provides the apparatus to do so.

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Procedure to Sever the Joint Tenancy

In order to sever the joint tenancy you need to serve a written notice of severance upon the joint tenant, in duplicate. Severing the joint tenancy creates a tenancy in common, which needs to be registered at the Land Registry in order to give legal effect to it.

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Procedure to Register the Tenancy in Common

In order to register the tenancy in common created as a result of the severance you should file form SEV with the Land Registry. Form SEV is an instruction to the Land Registry to register the tenancy in common.

Following registration the tenancy in common will be indicated by the Restriction which the Land Registry will have registered in Section B of your Title Register. It will read as follows:

RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Registrar or the court.

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Defining Percentage Shares of the Tenancy in Common

By default the severance will provide that each owner takes 50% each. If the percentage shares are to be otherwise than equal you should change the wording of the template to indicate as much.

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Steps to Sever and Register

1. Give the second joint tenant two copies of the notice and have each copy signed by each of you.
2. Download and complete form SEV and send this to the Land Registry together with a signed copy of the notice of severance. There is no Land Registry fee to pay.
3. Retain a signed copy of the notice and keep it somewhere safe.
4. Send form SEV and the signed notice to:
   Land Registry Citizen Centre
   PO Box 74
   Gloucester
   GL14 9BB

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Template for a Notice of Severance of Joint Tenancy

We strongly advise you to take legal and/or financial advice before severing your joint tenancy. The procedure for undoing a tenancy in common is more complex than the procedure to convert to one, and will require a solicitor to act for you.

When completing the template you should ensure that your names are as shown in Section B of your Title Register, otherwise this may cause problems when applying for registration. If you need a copy of your Title Register, select the link.

Template

Download Template (PDF)

Download Template (PDF)