Joint Tenants vs Tenants in Common: Why This Property Decision Matters

When you buy property with someone else, your solicitor asks how you want to hold the title. This seemingly minor administrative decision has major consequences for inheritance, tax planning, and what happens to your home if your relationship breaks down.

Many people make this choice without fully understanding it. This guide explains the difference, helps you decide which is right for your situation, and explains how to change your ownership type if you got it wrong.

What's the Difference?
Joint Tenants Explained
Tenants in Common Explained
Which Should You Choose?
How to Change Your Ownership Type
FAQ
Next Steps

What's the Difference? {#difference}

Both types of ownership give you a legal right to live in and use the whole property. The crucial difference is what happens to your share when you die.

Joint Tenants Explained {#joint-tenants}

As joint tenants, you and your co-owner(s) own the property as a single unit. There are no individual shares - you each own the whole property together.

The Right of Survivorship

This is the defining feature of joint tenancy. When one owner dies, their interest in the property automatically passes to the surviving owner(s). This happens:

Immediately upon death
Outside of probate
Regardless of what your will says
Without inheritance tax implications between spouses/civil partners

Example: Sarah and Tom own their home as joint tenants. Tom's will leaves everything to his sister. When Tom dies, Sarah automatically becomes the sole owner. Tom's sister gets nothing from the property.

Advantages of Joint Tenants

Simplicity: No need to update wills when one owner dies
Speed: Property transfers immediately, no probate delays
Cost: No legal fees for transferring the property
Protection: The surviving partner has immediate security

Disadvantages of Joint Tenants

No control: You cannot leave your share to anyone else
Inflexibility: Always 50/50, even if contributions were unequal
Care home fees: The whole property may be assessed for care costs
Second marriage risk: Your children could lose out if your spouse remarries

Tenants in Common Explained {#tenants-in-common}

As tenants in common, you each own a distinct share of the property. These shares can be equal or unequal, and you have full control over what happens to your share.

How Shares Work

You can own the property in any proportion:

50/50 (equal)
60/40 (reflecting different deposits)
75/25 (one partner earning more)
Any other split you agree

This is recorded in a Declaration of Trust, which should be drawn up when you buy.

What Happens When One Owner Dies

Your share passes according to your will. If you don't have a will, it passes under intestacy rules (which may not be what you want).

Example: James and his partner Lisa own their flat as tenants in common, 60/40. James's will leaves his 60% share to his children from a previous relationship. When James dies, Lisa still owns her 40%, but James's children now own 60% of the property.

Advantages of Tenants in Common

Control: You decide who inherits your share
Flexibility: Shares can reflect actual contributions
Protection for children: Your share goes where you want
Care home planning: May help protect the property
Tax planning: More options for inheritance tax mitigation

Disadvantages of Tenants in Common

Complexity: Need to make matching wills
Potential conflict: Your beneficiaries and the survivor may disagree
Living arrangements: What if your children inherit half and want to sell?
Cost: May need additional legal documents

Which Should You Choose? {#which-to-choose}

Choose Joint Tenants If:

You're married or in a civil partnership with no children from previous relationships
You want your partner to automatically inherit the whole property
You want simplicity and don't need complex estate planning
You both contributed equally and want equal treatment

Choose Tenants in Common If:

You're unmarried but buying together
You contributed unequal amounts to the deposit
You have children from a previous relationship
You want to protect your share for specific beneficiaries
You're buying with family or friends
You want to do inheritance tax planning with trusts

The Blended Family Consideration

This is where ownership type matters most. Consider this scenario:

Scenario: John (widower with two adult children) marries Mary (no children). They buy a house together using £200,000 from John's previous house sale and £100,000 from Mary's savings.

If Joint Tenants:

John dies first
Mary owns 100% of the house
Mary's new partner or relatives could inherit
John's children potentially get nothing

If Tenants in Common (67/33):

John dies first
Mary keeps her 33%
John's 67% goes to his children (per his will)
His children's inheritance is protected

How to Change Your Ownership Type {#how-to-change}

You can change from joint tenants to tenants in common at any time. This is called "severing the tenancy."

Severing by Agreement

If both owners agree:

Cost: £45.60 Land Registry fee (as of 2026)

Timeframe: 2-4 weeks for Land Registry to update the register

Severing Without Agreement

One owner can sever the tenancy without the other's consent by giving written notice. This is called unilateral severance.

How it works:

Write a notice of severance
Serve it on the other owner(s)
Send a copy to Land Registry

The severance is effective from the moment the notice is served, even if the other owner doesn't agree.

When this might be used:

Relationship breakdown
One owner wants to protect their share
Planning for care home fees
Disagreement about what should happen to the property

Does Severance Affect Your Mortgage?

No. Severance changes how you own the property, not your obligations to the lender. You're still both (or all) responsible for the mortgage payments. You don't need your lender's permission to sever.

Real-World Scenarios

Scenario 1: Unmarried Couple

Tom and Sarah buy a flat together. They're not married and have no plans to marry soon.

Risk with joint tenants: If Tom dies, Sarah inherits automatically. But if Sarah dies, Tom inherits automatically too - and Sarah wanted her share to go to her niece.

Better choice: Tenants in common. Each can leave their share to whoever they want.

Scenario 2: Second Marriage

David has two children from his first marriage. He marries Emma and they buy a house together.

Risk with joint tenants: If David dies first, Emma owns 100%. When Emma dies, it all goes to her family. David's children get nothing.

Better choice: Tenants in common. David leaves his share to his children, or to a trust that lets Emma live there while protecting his children's inheritance.

Scenario 3: Friends Buying Together

Alex, Beth, and Chris buy a property together as an investment. Alex puts in 50%, Beth 30%, Chris 20%.

Risk with joint tenants: Always equal shares, so this doesn't reflect their contributions. If one dies, the others automatically get their share.

Better choice: Tenants in common with 50/30/20 shares. Each controls their own share.

Frequently Asked Questions {#frequently-asked-questions}

Key Takeaways

Joint tenants: Share passes automatically to survivor, overriding your will
Tenants in common: You control your share through your will
Married couples: Usually joint tenants, unless blended family or tax planning
Unmarried couples: Usually tenants in common for protection
You can change: Severing a joint tenancy is straightforward and inexpensive
Wills are essential: If you're tenants in common, your will determines who inherits

Next Steps {#next-steps}

Last updated: January 2026. This guide is for informational purposes only and does not constitute legal advice. Property and inheritance laws vary, and you should seek professional advice for your specific situation.

Joint Tenants vs Tenants in Common: Which Is Right for You? (2026)