Severance of Joint Tenancy


Many clients ask to become “Tenants in Common” in the mistaken belief that it will save Inheritance Tax. Severing a Joint Tenancy is easy to do but commonly misunderstood. It can be a useful tax planning device but only when accompanied by specific provisions in a Will.

Couples often speak about owning their house “in equal shares” but in fact they own the property as “Joint Tenants”. If one were to die, the entire property will pass, at the moment of death, to the surviving co-owner. Severing the joint tenancy, and holding the property as “Tenants in Common” prevents this from happening and may, in some family circumstances, be a sensible thing to do.

In a recent case the law has been clarified as to when unusual circumstances might lead to a severance of the joint tenancy.

If you are unsure whether you could benefit from owning property as Tenants in Common, we would be happy to advise you on your specific requirements.

Share this article…

  • Linkedin
  • Google+


We want people to have access to a local Hine solicitor, and we choose each office with care so that we can make a genuine contribution to the local community. Growing customer numbers mean that we are opening offices in new UK locations to meet increased demand.

Find your nearest Hine Solicitors office here …



“Thank you so much for your help, advice, patience and professionalism with my recent case at Worcester. You have been absolutely brilliant” Ms…

Prison Law

“You have been fantastic in dealing with my case and I am really happy that it has now gone to an oral hearing….


How can we help? Request a callback...

    Please refer to our Privacy Policy for details of how and why we process your data.

    You can also view our GDPR Recruitment Policy here.