Severing a joint tenancy in NSW: how it works and when it matters

16 Oct Severing a joint tenancy in NSW: how it works and when it matters

Severing a joint tenancy turns a joint tenant into a tenant in common, which ends the right of survivorship for that interest so it can pass under the owner’s will. In NSW, a joint tenant can do this by registering a transfer to themselves on form 01TJ under section 97 of the Real Property Act 1900. NSW Land Registry Services states that no stamp duty applies, and the form must be lodged electronically.

What severance changes

Joint tenants have a right of survivorship: when one dies, their interest passes to the surviving joint tenants rather than under their will. Severing the joint tenancy converts the severing owner’s interest into a share held as a tenant in common. That share can then pass under the owner’s will. See joint tenants vs tenants in common for the full comparison.

How a joint tenant severs on their own in NSW

NSW Land Registry Services sets out the requirements for a transfer severing a joint tenancy:

• The dealing is a transfer on form 01TJ, made under section 97 of the Real Property Act 1900.
• It is used where one or more, but fewer than all, of the registered joint tenants transfer to themselves, to hold as tenants in common in shares equivalent to the interest they held as joint tenants.
• The tenancy and shares of the other registered owners who are not part of the severance are not changed.
• Stamp duty is not required, and Minister’s consent is not required for a dealing that only changes the tenancy.
• A dealing of this type signed on or after 22 March 2021 must be lodged electronically, through an electronic lodgment network.
• A standard caveat on the title does not prevent registration of the severing transfer.

If all the registered owners want to change from joint tenants to tenants in common in equal shares, or the other way, a different form, 01JT, is used. If the transfer would change any other details, a standard transfer form 01T or another suitable form is needed.

There are procedural steps, including in relation to any mortgagee, a statutory declaration and a notice from the Registrar-General. A lawyer or licensed conveyancer will normally prepare and lodge the transfer.

Why timing matters in a dispute

Severance often comes up when a relationship between co-owners breaks down. Until the severing transfer is registered, the joint tenancy and its right of survivorship continue. NSW Land Registry Services’ guidance specifically addresses the death of a joint tenant before a severing transfer is registered, which shows how much can turn on timing. If severance is on your mind, get advice promptly rather than leaving it.

Severance does not force a sale

Severing a joint tenancy changes how the property is held. It does not sell it. If co-owners cannot agree to sell, any co-owner, whether a joint tenant or a tenant in common, can apply to the NSW Supreme Court under section 66G of the Conveyancing Act 1919 for trustees to be appointed to sell the property. See our guide to forcing a sale of jointly owned property in NSW. Section 66G also provides that a sale under the statutory trust for sale does not, of itself, sever a joint tenancy.

If a co-owner is bankrupt

When a co-owner becomes bankrupt, their trustee in bankruptcy becomes the owner of their share. See bankruptcy and jointly owned property.

Common questions

What does severing a joint tenancy mean?

It means converting a joint tenant’s interest into a share held as a tenant in common. The right of survivorship ends for that interest, so it can pass under the owner’s will.

Can I sever a joint tenancy without the other owner’s agreement in NSW?

NSW Land Registry Services provides a transfer, form 01TJ under section 97 of the Real Property Act 1900, for one or more but fewer than all joint tenants to transfer to themselves as tenants in common. The guidance describes this as severance by unilateral action.

Is stamp duty payable on a severing transfer?

NSW Land Registry Services states that stamp duty is not required for a transfer severing a joint tenancy.

Does severing a joint tenancy mean the property is sold?

No. Severance only changes how the property is held. A sale needs the co-owners’ agreement or a court order, for example under section 66G of the Conveyancing Act 1919.

What shares do we hold after severance?

The severing owner holds as a tenant in common in a share equivalent to the interest they held as a joint tenant. The tenancy and shares of other owners who are not part of the severance are not changed.

Sources: NSW Land Registry Services, Transfer severing a joint tenancy; NSW Land Registry Services, What are the types of tenancies in which a property may be held?; Conveyancing Act 1919 (NSW), section 66G. This article is general information, not legal advice about your circumstances. Last reviewed: 16 October 2026.