Two ways to jointly own a property
When two or more people buy a property together in England and Wales, they must decide how to legally hold that joint ownership. There are two options — joint tenancy and tenancy in common — and the choice has significant implications for what happens to the property if one owner dies, how it can be dealt with in a will, and how shares are divided if the relationship or arrangement ends.
Joint tenancy
Under a joint tenancy, all owners hold the whole property together as a single unit, rather than owning defined percentage shares. The defining feature is the right of survivorship: if one joint tenant dies, their interest in the property passes automatically to the surviving owner(s), regardless of what their will says. A joint tenancy cannot be left to someone else in a will — the survivorship rule overrides it.
Joint tenancy is generally the default and most common choice for married couples and civil partners buying a home together, particularly where they intend the whole property to pass automatically to the survivor and where they have contributed, or intend to be treated as having contributed, equally.
Tenancy in common
Under a tenancy in common, each owner holds a specific, identifiable share of the property — which does not have to be equal, and can reflect different deposit contributions, for example 70/30 or 60/40. There is no automatic right of survivorship: each owner's share forms part of their estate on death and passes according to their will (or the rules of intestacy if they have no will), not automatically to the other owner(s).
Which suits whom?
| Situation | Typically better suited to |
|---|---|
| Married couple/civil partners, equal contributions, want automatic survivorship | Joint tenancy |
| Unmarried couples buying together | Tenancy in common (protects each partner's share, especially if contributions differ) |
| Friends or family buying together (e.g. siblings, investment purchase) | Tenancy in common |
| Unequal deposits or ongoing contributions | Tenancy in common, with a declaration of trust setting out shares |
| Wanting to leave your share to children from a previous relationship | Tenancy in common |
Unmarried couples in particular are often steered towards tenancy in common, since without the automatic legal protections that come with marriage or civil partnership, clearly documenting each person's share protects both parties, especially if the relationship ends or one partner dies without having updated their will.
Checking or changing how you own a property
You can check how a property is currently held by looking at the title register, available from HM Land Registry — a Form A restriction on the register (in England and Wales) generally indicates a tenancy in common. Couples who initially bought as joint tenants can later change to tenants in common through a process called "severance of joint tenancy," which typically requires notifying the other owner(s) and registering the change with HM Land Registry. This is sometimes done later in life, for example ahead of Inheritance Tax or care fee planning.
Inheritance tax and care fee planning implications
The way a property is held can matter for estate and later-life planning. Tenancy in common allows each owner to leave their share of the property to someone other than their co-owner — for example, into a trust for children — which can be a useful tool in Inheritance Tax planning or in protecting a share of the home from being counted towards a surviving partner's assessment for care home fees, since it separates the deceased's share from automatically becoming the survivor's outright property. These are genuinely complex, fact-specific strategies, and anyone considering severing a joint tenancy for tax or care planning reasons should take legal and financial advice, ideally alongside a solicitor experienced in wills, trusts and property.
Key takeaways
- Joint tenancy means equal, undivided ownership with automatic right of survivorship on death; it cannot be left in a will.
- Tenancy in common means owning defined, potentially unequal shares, which can each be left to whoever you choose in a will.
- Married couples with equal contributions often default to joint tenancy; unmarried couples, friends and those with unequal deposits often prefer tenancy in common.
- You can check how a property is held, and change it via a process called severance, using HM Land Registry records.
- Tenancy in common can support Inheritance Tax and care fee planning strategies, but these need professional legal and financial advice.