Severance of Tenancy in Unequal Shares

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Severance of tenancy in unequal shares is a legal process that allows co-owners of a property to hold unequal shares in the property. It is often used in estate planning as a way to protect the interests of co-owners and their families.

When property is owned jointly, it is typically owned as joint tenants, meaning that each owner has an equal share in the property. However, this can create problems when one owner dies, as the property automatically passes to the surviving owner(s) and does not form part of the deceased's estate. This can lead to issues if the deceased's heirs or beneficiaries do not receive their fair share of the property.

Severance of tenancy in unequal shares can help to prevent these issues by allowing co-owners to hold shares in the property that are not equal. This means that each owner has a specific share in the property that can be passed on to their heirs or beneficiaries in the event of their death.

To sever a tenancy in unequal shares, the co-owners must agree to the division of the property and complete a legal document to reflect this. This document is called a declaration of trust and sets out the specific shares of each co-owner.

Severance of tenancy in unequal shares can be particularly useful in situations where one co-owner has contributed more towards the purchase or maintenance of the property. It can also be used in cases where one co-owner wishes to protect their interest in the property in the event of a relationship breakdown or other dispute.