A Declaration of Severance of Joint Tenancy is used where joint owners of property wish to change the ownership structure from joint tenants to tenants in common. A joint tenant can
unilaterally sever the joint tenancy.
This process does not usually change the ownership percentages in the property. Instead, it changes how the ownership interests are legally held.
Joint tenancy commonly includes a right of survivorship, meaning that if one owner dies, their interest in the property usually passes automatically to the surviving owner or owners.
By severing the joint tenancy and creating a tenancy in common, each owner instead holds a separate defined interest in the property which may generally pass under their Will or estate.
A severance of joint tenancy may be considered in circumstances involving:
A Declaration of Severance of Joint Tenancy can be lodged even if the property is mortgaged. The process does not involve obtaining the mortgagee’s consent or production of the Certificate of Title.
Please note that severing a joint tenancy can have important legal, estate planning, taxation and financial consequences. We recommend that clients obtain estate, accounting, taxation and financial advice where appropriate before proceeding.