Transfer Severing Joint Tenancy

This page aims to help you complete an electronic Transfer Severing Joint Tenancy dealing form. This form can only be used for a severance of a joint tenancy pursuant to section 97 Real Property Act 1900, i.e. where one or more registered proprietors holding as joint tenants, but fewer than all the registered proprietors, transfers to themselves in order to hold as tenants in common in shares equivalent to the interest held as joint tenants. If this affects a registered interest please note the Transfer Severing Joint Tenancy in an Interest dealing form.

NOTE: the tenancy and shares held between other registered proprietors not holding as joint tenants with the transferors are not altered by this transfer.

The following should also be considered:

  • NSW LRS will issue a severance notice to the other joint tenant/s if satisfied that the electronic Transfer Severing Joint Tenancy dealing form is in order

  • the transfer will not proceed to registration until the expiry of 30 calendar days from the date of the severance notice or on receipt of the consent of the other joint tenants identified in the statutory declaration

  • if after lodgment of the Transfer Severing Joint Tenancy dealing form, one of the joint tenants passes away, NSW LRS will not proceed with its registration  (McCoy v Estate of Peter Anthony Caelli (2008) 13 BPR 25,515; [2008] NSWSC 986). The form should be withdrawn

  • a Transfer Severing Joint Tenancy dealing form cannot be used where the registered proprietors are recorded as joint tenants in a fiduciary capacity i.e. by means of a Transmission Application , or an Application to Record New Registered Proprietor and

  • a Minister's consent is not required for a dealing that only changes the tenancy of the registered proprietors.

To alter the tenancy of all the registered proprietors from joint tenants to tenants in common in equal shares or from tenants in common in equal shares to joint tenants, see Transfer Altering Tenancy. 

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

  1. verify their Client’s identity

  2. establish their Client’s right to deal with the land

  3. have a properly completed and executed Client Authorisation form and

  4. retain evidence that supports the dealing (see Supporting Evidence below).

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement.

For more information on these requirements see:

Residual Documents

Guide to complete

Legislation – section 97 Real Property Act 1900.

Stamp Duty – not required.

CoRD Holder Consent – not required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will not prevent the recording of a Transfer Severing Joint Tenancy.

Priority Notice Noted on the Register - see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Transfer Severing Joint Tenancy form.

Land Title

Enter the land title reference(s).

Participant Details

Party Details – Party Name

Select the registered proprietor who wishes to sever the joint tenancy.

Document

Create Document – Select Other Documents.

Select Transfer Severing a Joint Tenancy.

Transferor/Transferee

Select the registered proprietor who wishes to sever the joint tenancy. Less than all registered proprietors must be selected.

Attachment

Attachment Type - Statutory Declaration - Statement for Notice of Severance.

A statutory declaration must be made by the transferor/transferee or, where the transferor/transferee is a corporation, by an authorised officer of the corporation, and must be witnessed by a qualified witness. Where the declaration has been made outside NSW reference to the Oaths Act 1900 must be deleted, the relevant Act must be inserted and the alteration verified.

The statutory declaration must state the following:

  1. 'I am not subject to any legal constraint which would prevent me severing the joint tenancy'. If the attorney for the transferor/transferee is making the statutory declaration, the statement should be modified to read: 'I [attorneys name], am not aware of any legal constraint which would prevent [transferors/transferees name] severing the joint tenancy'

  2. 'The remaining joint tenant(s) is alive’

  3. 'I do not hold the estate in a fiduciary capacity'. If the attorney for the transferor/transferee is making the statutory declaration, the statement should be modified to read: 'The [transferor/transferee] does not hold the estate in a fiduciary capacity'

  4. the full name and residential address of the other joint tenant must be stated. A Post Office or DX Box is not acceptable.  The name must be identical to the name of the other joint tenant as shown on the Torrens Title Register and

  5. the transferor/transferee has sent notification of the severance in writing to every registered mortgagee, chargee and covenant chargee recorded on the folio of the Register.

NOTE: a discrepancy in a name stated in Item 4 must be accounted for in the statutory declaration, e.g. 'formerly known as ...'. The name will only be changed on the Torrens Title Register by lodgment of a Change of Name form.

General statutory declaration requirements can be found here.

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.
The evidence that the Subscriber is required to retain to support a Transfer Severing Joint Tenancy dealing form may include:

  • A copy of the duly executed version of the document(s) uploaded as an attachment.

Other forms of evidence may be acceptable, and it is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

All NSW legislation can be accessed at www.legislation.nsw.gov.au/