SEVERANCE OF TENANCY
Simplifying the Process of Becoming Tenants in Common.
Mitigate the Risk of External Influences
Without proper estate planning, your estate might pass beyond your intended beneficiaries. Organizing a Severance of Tenancy is one way Viva Planning can assist you in safeguarding your property for the benefit of your loved ones.
What is a Severance of Tenancy?
Typically, when individuals jointly purchase a property, they do so as Joint Tenants, meaning they collectively own the entire property. When a Severance of Tenancy occurs, they become Tenants in Common instead.
Being Tenants in Common implies that each person owns a percentage of the property—usually 50% each, but you can allocate unequal shares, especially if there’s been a disproportionate contribution to the property purchase.
While the application is typically mutual, one party alone can initiate it, provided the joint owner is notified. This proves useful, especially in divorce proceedings, where avoiding the automatic transfer of your share to your spouse upon your death is essential until financial matters are resolved.