When buying a property with someone else, one important decision is how you choose to own it. The two main options are joint tenants and tenants in common.
The choice you make can affect what happens to the property if one owner dies, who can inherit your share, and how your wider estate planning works.
The short answer
Joint tenants own a property together as a whole, while tenants in common own separate, defined shares.
Both options allow people to own property together, but the legal consequences are different.
What does owning a property as joint tenants mean?
If you own a property as joint tenants:
- you both own the whole property together
- there are no individual shares allocated to each owner
- if one owner dies, their interest automatically passes to the surviving owner
This automatic transfer happens regardless of what is written in the deceased person’s will.
For many couples, joint ownership can be a simple and practical option, particularly where they intend the property to pass directly to the other person.
However, it also means an individual owner cannot leave their share of the property to someone else in their will.
What does owning a property as tenants in common mean?
If you own a property as tenants in common:
- each owner has a specific share of the property
- the shares can be equal or unequal
- each owner can leave their share to a chosen beneficiary in their will
For example, two people may own a property as tenants in common with one person owning 60% and the other owning 40%.
This type of ownership can provide greater flexibility, particularly where people have different financial contributions, children from previous relationships, or specific wishes about inheritance.
Key differences between joint tenants and tenants in common
Joint tenants
- The property is owned jointly as a whole
- There are no defined ownership shares
- The surviving owner automatically inherits the property
- Your will does not control what happens to your share
Tenants in common
- Each owner has a defined share
- Shares can be divided however the owners agree
- A person’s share can be left through their will
- It can offer more control over future inheritance
Why does the way you own your property matter?
The ownership structure you choose can have a significant impact on your estate planning.
It may affect:
- who inherits your share of the property
- what happens after your death
- whether your wishes are reflected in your will
- how your assets are passed on to future generations
For some families, joint tenancy provides simplicity. For others, owning a property as tenants in common may offer greater control and protection.
When should you consider changing how your property is owned?
Your circumstances can change over time, and your property ownership may need to be reviewed.
You may wish to consider changing ownership if:
- you want your share of the property to pass to someone other than the co-owner
- you are part of a blended family
- you have children from a previous relationship
- you want greater control over your estate planning
- your financial contributions to the property have changed
Changing from joint tenants to tenants in common is known as severing a joint tenancy. This does not mean selling the property — it changes the legal way the property is owned.
How Attwells Solicitors can help
Understanding how your property is owned is an important part of planning for the future.
At Attwells Solicitors, we can help you:
- review your current property ownership
- understand the implications of joint tenancy and tenancy in common
- consider whether a change may be appropriate for your circumstances
- assist with the process of severing a joint tenancy where required
If you are unsure how your property is owned or want to understand whether your current arrangements reflect your wishes, our team is here to help.
Contact Attwells Solicitors today to discuss your property ownership and estate planning needs.
