Severance of Joint Tenancy

Our severance of joint tenancy service in Ireland is a solicitor-handled service for co-owners who want control over how their share of a property is inherited. Property held as joint tenants passes automatically to the surviving co-owner on death, regardless of your will. Severing the joint tenancy converts it to a tenancy in common, so your share passes under your will instead. Solicitors set their own fees for this work and must give you a written costs estimate before starting.

What’s included

• Advice from a solicitor on the consequences of severance
• Preparation and service of the notice of severance
• Attention to the registration steps with the relevant registry, so your interest becomes a defined share that you can leave as you choose

Who this is for

This service is typically used by people in situations such as these:

• Co-owners who want their share of a property to pass under their will rather than automatically to the other owner
• Separating couples who still co-own a home and want to deal with what happens on death
• People doing succession planning who want to decide how their share is inherited
• Anyone unsure what severing a joint tenancy would mean and who wants advice first

Every matter is different, so a short questionnaire and a solicitor’s review would typically confirm that this service suits your circumstances before the work goes further. Please have your key details and documents to hand when you start, and if you are unsure whether this is the right service, say so in your enquiry so it can be discussed with you at the outset.

How it works

1. This service cannot be ordered here; to instruct a solicitor, use the Law Society of Ireland’s Find a Solicitor directory.
2. Complete a short questionnaire with your details and the background to your matter.
3. A solicitor reviews your matter and advises you on the consequences of severance, prepares and serves the notice, and attends to the registration steps.
4. Your documents and any update are delivered to you by email.

Severance affects who inherits your share of the property, so it is worth taking advice before you decide.

Frequently asked questions

How much does severing a joint tenancy cost in Ireland?

This page is a free guide — nothing on it is for sale. Solicitors set their own fees for this work and must give you a written costs estimate (a section 150 letter) before starting. Get quotes through the Law Society of Ireland’s Find a Solicitor directory.

What does severing a joint tenancy do?

It converts the joint tenancy into a tenancy in common. Your share then passes under your will instead of automatically to the surviving co-owner.

Does my will control jointly owned property?

Not where the property is held as joint tenants: it passes automatically to the surviving co-owner regardless of your will. Severing the joint tenancy is what allows your share to pass under your will.

For wider background on this area, read our Ireland wills and probate guide.

If you would like to be told when solicitor services are available again on this site, you can join our no-fee waiting list. To instruct a solicitor now, use the Law Society of Ireland’s Find a Solicitor directory.