Instructions for Severance of Joint Tenancy
What the Instructions for Severance of Joint Tenancy Are
Why Clear Instructions Matter for Severing Joint Tenancy
Providing clear, state-aware instructions reduces title defects, speeds recording, and documents parties’ intent to sever the right of survivorship.
Who Typically Prepares or Uses These Instructions
These instructions are commonly prepared by people or professionals directly involved in changing ownership interests on property records.
- Individual co-owners or grantors preparing a deed transfer without probate involvement.
- Title companies and escrow officers coordinating deed drafting and recording steps.
- Attorneys or paralegals advising clients on estate planning and property ownership structure.
Step-by-Step: How to Complete the Severance Instructions
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01Verify Title: Confirm current deed and vesting language.
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02Draft Deed: Prepare deed form consistent with state law.
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03Sign & Notarize: All grantors sign before notary or via RON.
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04Record Deed: File with county recorder and retain stamped copy.
Where to File, Send, or Submit the Documents
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County Recorder: Record the deed where the property resides to establish priority.
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Title Company: Send a copy to the title insurer so policy records update correctly.
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Tax Assessor: Provide updated deed to the assessor for tax roll updates.
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All Parties: Distribute recorded copies to all co-owners and legal counsel.
How to Configure an Online Workflow for Severance Instructions
| Field | Configuration |
|---|---|
| Authentication | Email + SMS code or stronger KBA for identity verification |
| Notary Option | Enable RON where state-permitted; otherwise require in-person notary |
| Template | Lock legal description and formatting to prevent edits |
| Storage | Secure PDF with audit trail and retained notarization recording |
Digital Signing and Platform Requirements
Use an eSignature platform that supports notarization workflows, audit trails, and secure storage for recorded deeds.
- Integrations: Salesforce | NetSuite | Google Workspace | Box
- File Formats: PDF and DOCX supported for templates
- Authentication: Email, SMS, KBA, and SSO
Confirm the vendor provides tamper-evident PDFs, AES-256 at-rest encryption, and an auditable certificate of completion for each signer and notarization event.
Timelines and Typical Processing Expectations
Prepare Document:
1–3 business days for drafting and review
Notarization:
Same day when scheduled; RON may be immediate
County Recording:
1–10 business days depending on county workload
Title Update:
2–30 days for title company to reflect change
Tax Assessment:
May update next billing cycle; check local assessor
Common Mistakes to Avoid When Preparing Severance Instructions
- Using a street address instead of the legal description leads to recording rejections or ambiguous grant.
- Failing to match grantor names to current recorded title prompts corrective deed requirements.
- Skipping notarization or using an out-of-state notary when local law requires in-state notarization.
- Not checking county-specific cover sheet or fee requirements before submission.
Penalties and Risks of Incorrect or Incomplete Instructions
Real-World Examples of Severance Workflows
Martin Properties — Tim Martin, Founder
Martin Properties needed to sever joint tenancy across multiple rental units quickly.
- Implemented an online signing and recording workflow to avoid in-person meetings.
- "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."
Optica Ventures — Brian Fitzgibbons, COO
A small investment firm updated ownership after partner changes.
- Used a standardized deed template and immediate recording to protect priority.
- "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."
Practical Tips for Accurate and Efficient Completion
Who Has Authority to Sign the Severance Documents
Grantor / Co-owner
Each joint tenant listed on the recorded deed must sign to effect a severance unless a power of attorney or court order lawfully authorizes another signatory; unauthorized signatures can invalidate the transfer.
Title Company / Closing Officer
A title company may coordinate signature gathering, escrow, and recording but cannot substitute signature authority; they verify identity, collect notarizations, and deliver the recorded deed to the parties.
Notarization and Witness Steps for a Valid Deed
Prepare Final Deed
Complete deed form with legal description and consideration language.
Schedule Notary
Arrange in-person notary or RON session per state rules.
Signer Identification
Present government ID and complete any authentication challenge.
Witness Signatures
If state requires witnesses, have them sign in the required order and format.
Notary Acknowledgement
Notary completes acknowledgement and seals the document.
RON Option
If state allows RON, capture audio‑visual record and notary certificate.
County Recording
Submit deed with required cover sheet and fees.
Distribution
Provide recorded copy to all parties and title insurer.
eSignature Provider Comparison for Completing Severance Instructions
| signNow | DocuSign | Adobe Sign | PandaDoc | HelloSign | |
|---|---|---|---|---|---|
| Starting Price | $8/user/mo | $15/user/mo | $14/user/mo | $19/user/mo | $15/user/mo |
| Free Trial | 7-day free trial | Varies by plan | Varies by plan | Varies by plan | Varies by plan |
| Bulk Send | Yes (Business Premium+) | Yes | Yes | Yes | No |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| HIPAA Compliant | Yes | Yes | Yes | No | No |
| Envelope Cap | No cap | 100 envelopes/user/year | Varies by plan | Varies by plan | Varies by plan |
Frequently Asked Questions About Severance Instructions
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What is severance of joint tenancy?
Severance is the act that ends the right of survivorship so co-owners hold as tenants in common. It typically requires a recorded deed or a written agreement executed according to state law and recorded with the county recorder.
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Can the deed be signed electronically?
Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA where adopted, but state-specific rules for notarization and recording may require wet-notary signatures or approved RON workflows.
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Does the deed require notarization or witnesses?
Most states require a notary acknowledgement for recording; some states also require witnesses for deeds (for example, Florida requires two witnesses). Verify the county and state-specific requirements before signing.
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Who must sign to effect the severance?
Every current joint tenant on the recorded deed must sign the conveyance unless a valid power of attorney or court order authorizes another signer; missing signatures can invalidate recording.
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What if the recorder rejects the filing?
A recorder rejection typically identifies the defect (name mismatch, missing notary, incorrect legal description). Correct the specific issue and re-file; repeated errors may require corrective deed or attorney assistance.
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Can severance be revoked?
A severance deed is generally irrevocable once recorded and accepted by the recorder; revocation would require a subsequent recorded instrument agreed by the parties or a court order in contested situations.