Joint Tenants vs Tenants in Common: The Complete Guide for England and Wales

The Two Types of Joint Property Ownership

In England and Wales, when two or more people own a property together they do so in one of two ways. The names sound similar but the legal consequences are very different.

Joint Tenants

Joint tenancy is the most common form of ownership between couples purchasing a home together. Under this arrangement the owners do not hold separate identifiable shares — they own the whole property together. When one owner dies, their interest passes automatically to the surviving owner. This is called the right of survivorship.

This automatic transfer happens regardless of what your will says. If you are a joint tenant and your will leaves your share of the property to your children, that gift will fail. The property passes to the surviving owner by operation of law, not through your estate.

This can cause serious problems for people in second relationships, for unmarried couples who want to protect children from a previous relationship, and for owners who have contributed very different amounts to a purchase.

Tenants in Common

Tenants in common each own a distinct share of the property. Shares can be equal — 50/50 — or unequal, such as 60/40 or 70/30. Each owner's share is their individual property and they can deal with it as they choose.

When a tenant in common dies, their share does not pass automatically to the surviving owner. Instead it forms part of their estate and passes according to their will — or under the rules of intestacy if they do not have one. This means you can leave your share to whoever you wish.

Why the Difference Matters

The distinction between joint tenants and tenants in common matters in several important practical situations:

• Making a will: If you own as joint tenants and want to leave your share of the property to someone other than the co-owner — for example, children from a previous relationship — you must change to tenants in common first. A joint tenancy overrides your will.
• Declaration of Trust: If you and a co-owner have contributed different amounts to a property purchase, a Declaration of Trust records your respective shares. This only works if the property is owned as tenants in common.
• Complex Will with Property Trust: A life interest trust over property — protecting your share for final beneficiaries while allowing someone to live there — requires tenants in common ownership.
• Unmarried couples: Without the automatic protections that marriage provides, tenants in common ownership gives each partner legal certainty over their own share.
• Care home costs: Some people seek advice on ownership type in relation to future care costs. This is a complex area involving legal and financial considerations. We strongly recommend independent legal and financial advice on this topic.

How to Find Out How Your Property is Owned

The Land Registry title register for your property is the most reliable way to check. If a restriction is entered on the register referring to the owners holding the property on trust, this usually indicates tenants in common ownership. The absence of such a restriction generally suggests joint tenancy — though this alone is not always conclusive.

If you are unsure, our Title Register Check (£10) provides you with the official Land Registry title register and confirms how your property is owned. This is a quick and inexpensive way to be certain before making decisions about your will or property documents.

Changing from Joint Tenants to Tenants in Common

You can change a joint tenancy to a tenancy in common at any time by serving a Notice of Severance. Once served, the joint tenancy is severed and each owner holds their own defined share.

One owner can serve a Notice of Severance without the agreement of the other. However the other owner should be notified. The Notice should be kept safely with your will and title deeds. For added protection you can register the Notice with the Land Registry — this is outside the scope of our service but we include guidance notes with every Notice of Severance we prepare.

After severing the joint tenancy you should consider whether you need a Declaration of Trust to record how the shares are divided, particularly if you and the other owner have contributed different amounts to the purchase.

Sole Ownership

If you own a property entirely in your own name, the joint tenancy question does not apply. Your property forms part of your estate and passes under your will. You can leave it to whoever you choose, or place it in trust for specific beneficiaries.