Joint Tenants vs Tenants in Common UK — Key Differences

The two ways to co-own property in England and Wales

When two or more people buy property together in England and Wales, they must hold it in one of two ways: as joint tenants or as tenants in common. The difference is not just technical — it has profound consequences for what happens to your home when you die.

Joint tenants: the right of survivorship

As joint tenants, both owners hold the whole property together. There are no separate shares. The defining feature is the right of survivorship: if one joint tenant dies, the survivor automatically becomes the sole owner of the entire property — regardless of anything written in the deceased's will.

This means a will cannot change what happens to the property. Even if you leave your share to someone else in your will, the right of survivorship overrides it. The property is not part of your estate for the purposes of distribution.

Joint tenancy is the default for most couples buying together. It is simple and automatic. For many straightforward situations — a couple buying their family home — it works well. But it also means you have no control over where that property ends up if your relationship changes.

Tenants in common: separate shares, controlled by your will

As tenants in common, each owner holds a defined share of the property — typically 50/50 but any split is possible. There is no right of survivorship. When one owner dies, their share does not automatically pass to the other owner. Instead, it passes according to their will (or the intestacy rules if there is no will).

This gives you much greater flexibility:

• You can leave your share to your children from a previous relationship, while still protecting your partner's right to live in the property via a life interest trust.
• Unmarried partners can each leave their share to the other, but ensure it ultimately passes to their own family if the survivor does not make a will.
• You can reflect unequal financial contributions (e.g. one person put in the deposit).

Which is the default when you buy together?

When most couples buy together, they become joint tenants by default unless they specifically choose otherwise and a declaration of trust is prepared. Conveyancers often do not explain the distinction clearly, so many homeowners do not know which type they are.

To find out: look at your Land Registry title register (downloadable from the Land Registry website for £3). If the Proprietorship Register includes a restriction beginning "No disposition by a sole proprietor...", you are tenants in common. If there is no such restriction, you are probably joint tenants.

Severing a joint tenancy

You can convert from joint tenants to tenants in common at any time by severing the joint tenancy. This requires a written Notice of Severance served on the other joint owner — it does not require their consent or a court order. You then notify HM Land Registry to update the title register.

Crucially, once severed, each owner holds an equal share (50/50 unless a declaration of trust specifies otherwise), and both owners can leave their share in their wills independently.

Our Property Tenancy Severance Pack includes a plain-English guide to the process, a Notice of Severance template, a covering letter, and Land Registry guidance — everything you need to complete the severance correctly.

When does joint tenancy make sense?

Joint tenancy remains appropriate for many couples, particularly where:

• Both partners want the other to automatically inherit the whole property, with no other claimants.
• The estate is straightforward and the couple has no children from previous relationships.
• Simplicity is more important than flexibility — the right of survivorship avoids the need for probate on the property on first death.

When should you switch to tenants in common?

Consider converting to tenants in common if:

• You want your share to pass to children from a previous relationship rather than automatically to your current partner.
• You are unmarried and want to leave your share of the home to a specific person in your will.
• You contributed unequally to the purchase price and want to reflect that.
• You want to use a life interest trust to protect your partner's home while ring-fencing your share for your children.
• You are concerned about care home fees — specialist advice is needed here, but holding as tenants in common can form part of a lawful planning strategy.

Joint tenancy and inheritance tax

For inheritance tax purposes, when the first joint tenant dies, no IHT is charged on the property if it passes to a surviving spouse or civil partner (because of the spouse exemption). For unmarried couples, the surviving partner's enhanced share is added to their own estate for IHT purposes.

Tenants in common structures can give more flexibility for IHT planning, particularly via life interest trusts and the residence nil-rate band. If your combined estate is likely to exceed £650,000, take specialist advice.

The connection to your will

If you are joint tenants, your will cannot control the property. Writing a will is still essential — for all your other assets — but you may also want to sever the tenancy if you want your share to pass to a specific person.

If you are tenants in common, your will is essential to ensure your share passes where you intend. Without a will, your share passes under intestacy rules — which may mean your children or other relatives inherit your share, not your partner.

Read our guide on what happens without a will in the UK to understand what intestacy would mean for your estate.

Frequently asked questions