Co-Ownership and Severing Tenancy: What It Means for Your Estate Plan

Understanding the difference between Joint Tenants and Tenants in Common — and why it matters when planning your legacy.

Why Co-Ownership Matters in Estate Planning

Many people jointly own property — often with a spouse, partner, or family member. But how you own your home together can have a big impact on what happens when one of you dies.

There are two main types of co-ownership:

• Joint Tenants
• Tenants in Common
  

Each works differently when it comes to inheritance. That’s why it’s vital to get the structure right as part of your estate plan.

1. Joint Tenants

When you own a home as Joint Tenants, you both own the whole property together.
If one of you dies, the other automatically inherits the whole property.

This happens outside of the Will and cannot be changed by it.
You cannot leave your share to anyone else.
Example:
James and Amina own their home as Joint Tenants. When James dies, Amina automatically becomes the
sole owner — even if James’s Will left everything to his children.

2. Tenants in Common

As Tenants in Common, each owner holds a separate share of the property — often 50/50, but it can be any proportion.
You can leave your share to someone else in your Will.
There is no automatic transfer to the other owner.
It allows for more flexibility and control in estate planning.

Example:
Mark and Dee own their home as Tenants in Common, each holding 50%. Mark’s Will leaves his share to his daughter from a previous relationship, while Dee keeps her own half.

Why You Might Want to Sever a Joint Tenancy

If you currently own property as Joint Tenants but want your share to pass according to your Will, you’ll need to sever the joint tenancy. This converts ownership to Tenants in Common.

This is often done when:

• You have children from a previous relationship
• You want to use a Protective Property Trust in your Will
• You want to preserve inheritance for your family, especially in blended families
• You’re planning ahead for care fees or remarriage risks
  

Example:

Paul and Lorna are married with children from previous relationships. They change ownership to Tenants in Common and update their Wills to leave each half into a Protective Property Trust. This allows the survivor to live in the home, while ultimately protecting the inheritance for their own children.

How to Sever a Joint Tenancy

Severing a Joint Tenancy is a legal step that changes how you own your property, allowing your share to pass according to your Will. The process is relatively straightforward, but it’s important to get it right.

The typical steps are:

1. Draft a Notice of Severance – This is a legal document confirming your intention to sever the joint tenancy.
2. Serve the Notice – A copy must be delivered to the other owner(s).
3. Register the Change – An application must be made to HM Land Registry to officially record the change in ownership status.

Final Thoughts

How you own your property is more than a legal detail — it’s a key part of your estate planning. Whether you want to protect children’s inheritance, reduce probate complications, or simply keep control over what happens to your share, reviewing your co-ownership status is essential.

Need help understanding your options?

Speak to an estate planning expert to make sure your property passes in line with your wishes — not by default.