Notice to Sever Joint Tenancy for England

Instructions for Your Notice to Sever Joint Tenancy

Joint tenants can use this notice to sever joint tenancy to change their interest in land into a tenancy in common. It is important to understand the distinction between a joint tenancy and a tenancy in common before taking any action, as they have very different implications. When property is held in a joint tenancy each owner owns an interest to the whole of the property, as ownership interests of joint tenants are not divided into separate shares. Joint tenancies include the right of survivorship, meaning that when one owner dies the other owners still hold claim to the whole property. If a joint tenancy is severed and converted into a tenancy in common, then each owner owns a specific percentage of the property that can be sold or transferred to another person. This distinction can also have implications regarding certain tax matters, for example, rental income.

This notice to sever joint tenancy allows the property owners to either mutually agree to sever the joint tenancy or, where consensus is not possible, one owner may sever by serving notice to all other joint tenants.

Severance by Mutual Agreement

In order to sever a joint tenancy by mutual agreement all owners must be in agreement and must participate in signing the document. This is not to say that all joint tenants must become tenants in common; they must only be aware and agree to sign the declaration. If one joint tenant wishes to remain a joint tenant, then his or her interest in the property will not be affected. It is important to clearly and accurately distinguish what percentage of the property each new tenant in common holds. All owners should sign and receive a counter-signed copy of the document.

Severance by Notice

A joint tenant does not need to have the consent or permission of the other joint tenants to sever his or her interest. It is highly important to ensure that the notice is served on all other joint tenants using their correct legal names and serving it to their correct address. Although not required, using registered, signed-for, first-class post is highly preferable. In the event that the other joint tenants do not respond to the notice, it is advisable to serve the notice a second time.

This document may only be used in England and Wales.

Please note that the language you see here changes depending on your answers to the document questionnaire.

Notice to Sever Joint Tenancy

A notice to sever joint tenancy allows joint property owners to sever their interests, thereby becoming tenants in common. Because tenants in common do not have rights of survivorship, they can then freely sell or transfer their property interest to others.

LegalNature's intuitive form builder provides step-by-step guidance to help you complete your document quickly and easily. Your document will be tailored to your specific circumstances, whether the property owners are in mutual agreement or one owner is unilaterally severing the joint tenancy by serving notice on the other joint tenants.

Save money and time by cutting out the need for a solicitor. With LegalNature’s online form builder you can easily tailor your agreement to your specific needs. Use the advanced tools available on LegalNature to help you create and download your notice to sever joint tenancy in minutes.

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