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Agreement to sever joint tenancy for married couples and civil partners
Each joint owner of a property is generally entitled to propertionate share any income or capital derived from the property and taxed accordingly, e.g. if there are four joint owners each is entitled to 25% of the income and capital. Severing the joint ownership (also referred to as a joint tenancy, or joint beneficial ownership) results in the property being owned as tenants-in-common.
Automatic transfer
Most married couples or civil partners who jointly own a home assume they own half each. This is often not true. In most cases, homes are owned owned as joint tenants. This means both individuals have an equal share in the whole property and rather than a part share of it. If one of the joint tenants dies, their share in the property automatically passes to the other joint tenant or tenants. To attribute a specific share of the property to each tenant you must sever the joint tenancy and replace it with a tenancy-in-common. You can use our Agreement to Sever Joint Tenancy document for the first part of this process.
After the joint tenancy has been severed the land registry should be notified using the appropriate form https://www.gov.uk/government/publications/form-a-restriction-application-to-enter-sev
