When two people own a property together,
the way their ownership is structured matters.
It determines what happens when one of them dies.
Most couples never think about it.
But this single detail can change everything.
Two ways to own property jointly
Joint Tenants
This is how most couples hold property.
When one owner dies, the property passes automatically to the survivor.
This is called the right of survivorship.
It cannot be overridden by a will.
Your share cannot be left to anyone else.
Simple. But inflexible.
Tenants in Common
Each person owns a defined share of the property.
That share can be left to whoever they choose.
It does not pass automatically to the survivor.
This structure enables trust planning —
and gives you control over where your share goes.
Flexible. And purposeful.
Why sever?
Changing from joint tenants to tenants in common
is called severance.
It does not mean selling the property.
It does not change who lives there.
It simply changes how ownership is recorded.
Severance enables
- Protective Property Will Trusts — ring-fencing your share for your children
- Greater planning flexibility within your will
- Protection against care home fees consuming the entire property value
- Certainty that your intended beneficiaries inherit your share
Without severance, a Protective Property Will Trust cannot work.
The property would pass automatically to the survivor,
bypassing any trust you had written into your will.
The process
Severance is straightforward.
It requires no court application. No complex legal proceedings.
Complete Form SEV
A simple legal form that declares the intention to sever the joint tenancy and hold the property as tenants in common.
Serve notice on the other owner
The form is served on the other joint owner. Both parties are aware of the change and its purpose.
Register at the Land Registry
The change is recorded officially. A restriction is placed on the title to reflect the new ownership structure.
Severance does not mean selling.
It means choosing how your share is held — so that it can be protected, directed, and passed on according to your wishes.
This is a quiet change.
Nothing looks different from the outside.
But beneath the surface,
it unlocks the ability to plan properly —
to protect the people who matter most.