Severance of a joint tenancy


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Property expert
Practice notes

Severance of a joint tenancy


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Property expert

Practice notes
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Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has occurred.

There are limitations:

  1. •

    there can be no severance by will

  2. •

    only a beneficial/equitable interest can be severed—a legal estate must be held by way of joint tenancy (see section 36(2) of the Law of Property Act 1925 (LPA 1925) and Practice Note: Establishing a beneficial interest (joint ownership)).

The consent of the other joint tenants is not required for an individual co-owner to sever a joint tenancy. Any joint tenant can sever the tenancy at any time.

Severance by statutory notice

It is usual to consider whether a joint tenancy should be severed when advising on relationship breakdown. Severance may be effected by statutory written notice under LPA 1925, s 36(2). This is the method most commonly used. The notice need not be in any particular form; it need not even use the term severance provided that it shows an immediate intention to terminate the joint tenancy.

In Quigley

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Jurisdiction(s):
United Kingdom
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Key definition:
Joint tenancy definition
What does Joint tenancy mean?

Ownership of property by two or more persons where the survivor is wholly entitled to the property.

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