Severance of Tenancy 2017-09-29T16:04:49+00:00


Severance of Tenancy is changing the ownership of a property. There are two alternatives as to the ownership of property. You can own the property either as Joint Tenants or as Tenants in Common.

Reasons to consider Severance of Tenancy:

  • Relationship breakdown
  • Future consideration of care costs
  • Children from previous relationship
  • Impact on Social Services assistance available

Joint Tenants

Joint Tenancy means that in the event of a death of one party, that party’s share automatically passes to the survivor. This is irrespective of whether there is a Will or intestacy (no Will). A lot of couples start out as joint owners as it is a very common and easy way of owning a property when you are starting out with a mortgage.

Tenants in Common

Tenancy in Common means that the ownership of the property is held in entirely separate shares. In the event of a death of one party, that party’s share does not automatically pass to the survivor. The share in the property passes in accordance with the deceased party’s will or intestacy. This maybe suitable where the purchase price has been contributed to in unequal proportions. It would also be appropriate for couples who have children from a previous relationship, so that those children can be provided for in the future.

Tenants in common is a great way of ensuring that only that person’s share would be at risk to any potential care costs in the future. Meaning that the children or beneficiaries would benefit from the other persons share of the property. This is not dissipation of your assets in term of care costs. This is a way of limiting the whole house being available to care costs should only one party go into care and perfectly legal!

There is a lot to consider and therefore it is imperative that you talk it through with someone to secure your future planning for finances and for you and your family. We have lots of information leaflets and can explain it in a simple, easy and methodical way.

Call us now on 01625 460 281 or email for a no obligation consultation from one of our expert lawyers. Alternatively complete our online enquiry form