One joint tenant can sever the joint tenancy by transferring their share to themselves. As the other joint tenants are not parties to the transfer instrument, they do not need to sign an A&I form. As examples:
|
Current ownership |
Action |
Resulting ownership |
|---|---|---|
|
A & B jointly |
A transfers their share to A |
A (1/2 share), B (1/2 share) |
|
A, B & C jointly |
A transfers their share to A |
A (1/3 share), B & C (2/3 share jointly) |
|
A &B jointly (1/2 share) and C (1/2 share) |
A transfers their share to A |
A (1/4 share), B (1/4 share), and C (1/2 share) |
One joint tenant can sever the joint tenancy by transferring their share to one or some of the other joint tenants. As an example:
|
Current ownership |
Action |
Resulting ownership |
|---|---|---|
|
A, B & C jointly |
A transfers their share to B |
B (2/3 share) and C (1/3 share) |
One joint tenant can sever the joint tenancy by transferring their share to a third party. As an example:
|
Current ownership |
Action |
Resulting ownership |
|---|---|---|
|
A, B & C jointly |
A transfers their share to D |
B & C (2/3 share) and D (1/3 share) |
A joint tenancy can be severed by mutual agreement between the joint tenants. A transfer giving effect to the agreement can be registered.
Related guidance
For further guidance about how to set up a transfer severing a joint tenancy in Legacy Landonline, see Severing a joint tenancy.
For guidance on creating a joint tenancy see Transfer creating a joint tenancy page.