Severance Of Joint Tenancy

Joint tenancy

How you own your home with your spouse or partner is very important. If one of you dies, what happens to your financial stake in the property will be very different depending on whether you are joint tenants or tenants in common. This could affect:

  • Any outstanding mortgage
  • The level of funding you’re able to get for care home fees
  • The amount of inheritance tax that has to be paid on death
  • How the rest of your estate is taxed
  • Whether or not you can stay in your home.

Joint tenancy means that you or your partner inherits the property outright when the other dies. Although this can often be beneficial, it could also mean there is more inheritance tax to pay. 

It can also push you above the threshold for any means-tested benefits you would otherwise be eligible for, including support for care home fees. 

If you are tenants in common, you can leave your share of the property to your spouse, partner or to someone else in your Will, or you can put it in a trust for safekeeping. This can protect your estate from unnecessary tax and make sure your partner is able to keep living in the house when you’ve gone. 

Our solicitors can advise you on the type of joint ownership that’s right for you. We have experts in conveyancing as well as tax and trusts and probate: we’ll be able to look at the whole picture to evaluate what’s best for you and your estate.

Frequently Asked Questions

Here are some of the questions we're often asked about severance of joint tenancy.

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