Ownership in severalty occurs when property is owned by one individual or corporation. The severalty owner has sole rights to the ownership and sole discretion to sell, will, lease, or otherwise transfer part or all of the ownership rights to another person or entity.

When a husband or wife owns property in severalty, state law may affect how ownership is held.

In Illinois: Sole ownership of property is quite common in Illinois, and title held in severalty presents no unique legal problems. However, when either a husband or a wife owns property in severalty, lenders, grantees, and title insurers in Illinois usually require that the spouse sign in order to release any potential homestead rights. This is true for both listing and sales contracts.