DOES A DECREE ABSOLUTE IN DIVORCE PROCEEDINGS AUTOMATICALLY SEVER A JOINT TENANCY?

Most of the married couples co-own their matrimonial house by the expressed terms included in a contract known as a joint tenancy.

In essence, joint tenancy means that regardless of any other factors such as mortgage repayments or deposits when one of the spouses dies, the intestacy rules will apply; therefore, the estate will pass automatically to the surviving spouse.

However, in case of a divorce the parties will need to clarify their position in terms of severing the tenancy and the most common question is if a decree absolute automatically severs a joint tenancy.

In that context the severance of joint tenancy represents changing the property proprietor’s status from a joint tenancy to a tenancy in common which will affect the property in case of owner’s death.

Our team at Bond Adams Solicitors LLP can guide you into the right direction explaining in detail all the relevant factors; however, in summary divorce does not sever a joint tenancy directly. The Courts will consider all the circumstances, will assess all the immediate intentions to receive a specific share made by either party and if such an intention is present, then they will sever the tenancy during the divorce proceedings.

There are different effects following the severance which should be explained in person by one of our specialised family solicitors.

Our specialists:

  • Rafique Dawood Patel
  • Hannah Patel – Bhundia

Alternatively, speak with any member of our family law team on 0116 285 8080 or email lawyer@bondadams.com.


Most of the married couples co-own their matrimonial house therefore, the estate will pass automatically to the surviving spouse.

However, in case of a divorce the parties will need to clarify their position in terms of severing the tenancy.

Severing a joint tenancy represents changing the property proprietor’s status from a joint tenancy to a tenancy in common which will affect the property in case of owner’s death.


There are different effects following the severance which can be explained in person by one of our specialised family solicitors.