If you’re buying a property with someone else in the UK, or you already own one together, you’ll need to understand the difference between holding it as joint tenants or tenants in common. This choice directly affects what happens to the property if your relationship breaks down or if one of you dies. Getting it right from the start can protect your financial interests and give you peace of mind.

Quick Answer: Joint Tenants Or Tenants In Common?

When two or more people buy property together in England and Wales, they must decide how to hold the beneficial ownership. This isn’t just a technicality—it determines inheritance, what happens during a sale, and how your share can be passed on.

Here’s the essential distinction in joint tenants or tenants in common:

• Joint tenants = You own the whole property together with equal ownership. If one owner dies, their share automatically passes to the surviving joint tenant without going through probate. You cannot leave your share to anyone else in your will.
• Tenants in common = Each person owns a defined share (which can be equal or unequal shares). If one owner dies, their share passes according to their will or intestacy rules. You can leave your share to children, other family members, or anyone you choose.

Now let’s understand both concepts in detail to help you make an informed decision between joint tenants or tenants in common.

Understanding Joint Ownership Of Property

Joint ownership means that legal title to a property is held in two or more names. In England and Wales, this applies whether you’re purchasing a freehold house, a leasehold flat, or an investment property.

When you buy with another person, the legal title is registered at HM Land Registry in your joint names. However, the underlying beneficial ownership—the way you actually share the value of the property—is usually structured as either joint tenants or tenants in common.

This decision commonly arises when:

• First time buyers are purchasing their first home together
• One partner is being added to an existing title register
• Siblings are inheriting a parent’s property
• Friends or business partners are investing together in a buy-to-let

The way property is held ( joint tenants or tenants in common) affects several important matters:

Consideration	Why it matters
Inheritance	Who receives the property if one party dies
Tax planning	Potential inheritance tax and capital gains implications
Relationship breakdown	How the property is divided if co owners separate
Sale or transfer	What happens if one person wants to sell
Disputes	How disagreements between other owners are resolved

The relevant law is primarily English and Welsh property law, and HM Land Registry records whether co-owners hold as joint tenants or tenants in common through a restriction on the title.

What is Joint Tenancy?

Joint tenants​ meaning a type of joint ownership where all co-owners are treated as owning the entire property together, with no separate shares. There’s no “your half” and “my half”—instead, you both own the whole property as one combined interest.

The defining feature of joint tenancy is the right of survivorship. If one joint tenant dies, their interest in the property automatically passes to the surviving joint tenant (or remaining joint owners if there are more than two). This happens immediately by operation of law, regardless of what the deceased’s will says.

For example, if a married couple in Manchester hold their family home as beneficial joint tenants and one spouse dies in 2026, the surviving spouse becomes the sole owner automatically. The deceased’s share does not form part of their estate for probate purposes, and their will cannot redirect it to anyone else.

This is why joint tenancy is typically chosen by:

• Married couples who want the home to pass to the survivor without delay
• Long-term partners with no children from previous relationships
• Co owners who intend each other to inherit regardless of circumstances

Important practical points about joint tenancy:

• All joint tenants must act together to sell or mortgage the property
• One joint tenant cannot simply dispose of a “percentage” share without first severing the joint tenancy
• Joint tenancy requires all owners to have acquired their interest at the same time and from the same deed
• Equal rights to use and occupy the property apply to all joint owners

Joint tenancy can be tax-efficient in some situations, but it can also create problems. If you have children from a previous relationship, for example, holding property as joint tenants means those children cannot inherit your share—it will pass automatically to your surviving partner instead. Bespoke advice from a solicitor is essential if your family circumstances are complex.

What is Tenancy in Common?

Tenancy in common is a form of co-ownership where each person owns a distinct, separate share of the property. These specific shares can be equal (50/50) or unequal (for example, 60/40, 75/25, or any other split that reflects the parties’ agreement).

Unlike joint tenants, tenants in common have no right of survivorship. If one owner dies, their share does not automatically transfer to the other co-owners. Instead, the deceased owner’s share passes according to their will, or if they have no will, under intestacy rules. This means you can leave your share to your children, other family members, or anyone you choose. If you are considering your legal options after a relationship breakdown, especially regarding your share of property and remaining with your children, specialist advice can be important.

Tenancy in common is frequently used by:

• Unmarried couples where one party has paid a larger deposit
• Parents buying property with adult children
• Siblings inheriting a property together
• Business partners or investors pooling funds for a property purchase
• Co owners who want greater flexibility over what happens to their share

How specific percentage shares are recorded:

A written Deed of Trust or TR1 form (also called a Declaration of Trust) is typically prepared at the time of purchase. This legal document sets out:

• Each person’s ownership percentage
• Contributions to the deposit (for example, £40,000 from one owner and £10,000 from the other)
• Responsibility for mortgage payments
• How sale proceeds will be divided if the property is sold
• What happens to each owner’s share on death or separation

Each tenant in common can deal with their share independently—for example, leaving it to children in their will. However, selling the whole property usually still requires cooperation between all owners, or court involvement if there is a dispute.

Joint Tenants Or Tenants In Common: Key Differences

Choosing between joint tenants or tenants in common depends on your relationship, your financial contributions, and your estate planning goals. Here’s a clear comparison of the main differences:

Feature	Joint Tenants	Tenants in Common
Ownership structure	One combined interest; owners hold the whole property together	Separate shares; each owner holds a specific share or percentage
Equal or unequal shares	Must be equal ownership	Can be equal or unequal shares
Right of survivorship	Yes—property automatically passes to surviving joint tenant on death	No—owner’s share passes under their will or intestacy rules
Can you leave your share in your will?	No—survivorship overrides your will	Yes—you can leave your share to anyone
Flexibility for children from previous relationships	Limited—share passes to survivor, not to your children	Greater flexibility—you can protect children’s inheritance
How is it recorded at Land Registry?	No restriction on title (unless varied)	Form A restriction entered on title register

Additional considerations for choosing joint tenants or tenants in common:

• The choice can affect inheritance tax planning and care fee planning in later life
• If circumstances change (marriage, divorce, children), you may need to review your arrangement
• A cohabitation agreement can work alongside a tenancy in common to cover what happens if the relationship ends
• Axis Solicitors can review your existing title and advise whether switching between joint tenants or tenants in common would better match your current situation

How Joint Tenants Or Tenants In Common Affect Mortgages And Selling

When you take out joint mortgages, the lender is primarily concerned with repayment. Whether you hold the property as joint tenants or tenants in common makes no difference to your liability on the mortgage.

Mortgage liability:

All borrowers named on a mortgage are “jointly and severally” liable for the entire debt. This means the lender can pursue any one borrower for the full amount if payments are missed—not just their “share.” This applies regardless of whether you are joint tenants or tenants in common.

Declaration of Trust:

A Declaration of Trust can regulate:

• Who pays what towards the mortgage each month
• How sale proceeds or equity will be divided between co owners
• What happens if one person pays more than their agreed share

This is particularly important for tenants in common with unequal shares, ensuring the legal document reflects reality.

What happens to joint tenants or tenants in common if one owner wants to sell?

Situation	Joint Tenants	Tenants in Common
Selling the whole property	All joint owners must agree	All owners must cooperate, or court application may be needed
Selling or transferring your share	Not possible without severing the tenancy first	Possible in principle, but rarely attractive to buyers
Disputes over sale	May require legal process	May require TOLATA application to court

If agreement cannot be reached, an application to the court under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) may be necessary to force a sale. Axis Solicitors can advise and act in such civil litigation matters, helping you resolve property disputes efficiently.

Changing From Joint Tenants To Tenants In Common (And Vice Versa)

Circumstances change—relationships end, new partners arrive, children are born, or estate planning needs shift. You may want to change from joint tenants to tenants in common, or occasionally back again.

Severing a joint tenancy:

“Severing” means converting from joint tenants to tenants in common. This commonly happens:

• After separation or divorce
• Before remarriage, to protect children from a previous relationship
• When co owners want clearer shares for inheritance planning

The typical process in England and Wales involves:

1. Serving written notice of severance on the other joint owner(s)
2. Updating or creating a Deed of Trust to record the new shares
3. Applying to HM Land Registry using Form SEV to enter a Form A restriction on the title register

Once the restriction is in place, the Land Registry records that the property is held as tenants in common, and the right of survivorship no longer applies.

Converting from tenants in common to joint tenants:

The reverse is less common due to very low disadvantages of tenants in common but still possible. This involves:

1. All parties agreeing to hold as joint tenants
2. Varying or removing any existing Deed of Trust
3. Registering the change at HM Land Registry so the Form A restriction is removed

Important warning:

Changing between joint tenants or tenants in common can have major consequences for inheritance, tax, and family members’ expectations. For example, if one joint owner breaks the joint tenancy without proper advice, they may inadvertently affect their partner’s inheritance rights. Independent legal advice from a solicitor is strongly recommended before making any change.

Deeds Of Trust And Cohabitation Agreements

A Deed of Trust (also called a Declaration of Trust) is a legal document that records how co-owners hold their beneficial interest in a property. It is especially important for tenants in common who want their shares to reflect unequal contributions.

What a Deed of Trust typically covers:

• Initial deposit amounts (for example, £40,000 from one owner and £10,000 from the other in 2025)
• Ongoing mortgage payment responsibilities
• Who pays for major repairs or improvements
• How sale proceeds should be divided if the property is sold
• What happens if one owner wants to sell and the other does not

Cohabitation agreements:

Unmarried couples or friends buying together should also consider a separate cohabitation agreement. This can address:

• What happens if one person moves out or stops contributing
• How household expenses are shared
• What happens if the relationship ends
• How property disputes will be resolved

A cohabitation agreement works alongside the Deed of Trust and provides added legal protection for both parties.

Practical Scenarios For Joint Tenants Or Tenants In Common: Which Option Might Suit You?

Every situation is different, and individual advice is essential. However, these realistic scenarios may help you decide between joint tenants or tenants in common.

Scenario 1: Married couple, equal contributions

Tom and Lisa are married and buying a family home in Manchester. They’ve each contributed roughly equally to the deposit and will share mortgage payments. They want the survivor to inherit automatically if one of them dies.

Likely choice: Joint tenancy. This ensures automatic inheritance without probate, reflecting their equal partnership and shared intentions.

Scenario 2: Unmarried couple, unequal deposits

Sophie and Alex are unmarried. Sophie is putting down £80,000 from savings, while Alex is contributing £20,000. They were confused among joint tenants or tenants in common as Sophie wants to protect her larger investment if they separate, and she wants her share to pass to her sister if she dies.

Likely choice: Tenancy in common with a 80/20 split, documented in a Deed of Trust. Sophie can leave her share to her sister in her will, and the unequal shares reflect their contributions.

Scenario 3: Siblings inheriting a property

Ben and Claire inherit their late mother’s house in 2024. Ben wants to live in it long-term; Claire prefers to take her equity later when she needs it. They want clarity on their respective rights.

Likely choice: Tenancy in common, with a Deed of Trust setting out their equal ownership rights, how expenses are shared, and the process for Claire to request a sale in the future.

Scenario 4: Three investors, different contributions

Priya, James, and Amir are purchasing a buy-to-let flat in Birmingham. Priya contributes 50% of the deposit, James 30%, and Amir 20%. They want to choose from joint tenants or tenants in common that get rental income and eventual sale proceeds divided in the same proportions.

Likely choice: Tenancy in common with specific shares (50/30/20), recorded in a Deed of Trust that also covers how rental income is split and what happens if one investor wants to exit.

How Axis Solicitors Can Help With Joint Tenants Or Tenants In Common

Axis Solicitors advises clients nationwide on choosing and documenting joint tenants or tenants in common, as part of our wider property, family and civil litigation services. We understand that every property purchase and every relationship is different, and we provide practical, tailored advice for property matters.

How we can assist:

• Reviewing your existing Land Registry title to confirm how you currently hold your property
• Advising on whether to change from joint tenants or tenants in common
• Drafting or updating Deeds of Trust to reflect your contributions and intentions
• Preparing cohabitation or separation agreements that work alongside your ownership structure
• Ensuring your will is consistent with how you hold your property
• Resolving disputes between co owners through negotiation, alternative dispute resolution, or court proceedings under TOLATA

Ready to get advice on joint tenants or tenants in common?

Request a Free Initial Assessment to discuss your circumstances. Whether you’re buying your first home, reviewing an existing arrangement, or facing a dispute, Axis Solicitors can help you choose from joint tenants or tenants in common that can protect your ownership rights.