Buying a home with someone else is a major commitment, but many owners do not realise that the way they hold the property can decide what happens to it when one of them dies. This tenants in common comparison explains the two main forms of joint ownership in England and Wales, and why the choice matters when making a will.
The key question is not simply whose name appears on the mortgage or at the Land Registry. It is whether you own the property as joint tenants or as tenants in common. The answer can affect children, a surviving partner, a new spouse and anyone else you hope to provide for.
What does tenants in common mean?
Tenants in common are co-owners who each have a separate share in a property. The shares might be equal, such as 50% each, but they do not have to be. One person may own 70% and the other 30%, for example, perhaps because one contributed more towards the deposit.
Each owner can leave their share to the person or people named in their will. That is the central feature of this arrangement. If you own half the home as a tenant in common, your half does not automatically pass to the other owner when you die.
This does not usually mean the beneficiary can immediately demand to move in or force a sale. They inherit your share, with the practical position depending on the circumstances, the terms of any will trust and the rights of the surviving owner. Still, it means your share can be directed by your wishes rather than passing automatically.
Tenants in common should not be confused with being tenants in a rented property. It is a form of property ownership, not a tenancy agreement.
Tenants in common comparison: joint tenants versus tenants in common
Joint tenants and tenants in common can both own the same house or flat. The difference becomes particularly significant after a death.
With joint tenants, the surviving owner automatically becomes entitled to the deceased owner’s share. This is known as the right of survivorship. It happens regardless of what the deceased person’s will says about that property. A will leaving “my share of the house” to children will not override survivorship if the home is owned as joint tenants.
With tenants in common, there is no automatic transfer to the survivor. The deceased owner’s share forms part of their estate and passes according to their will or, if there is no valid will, the intestacy rules.
For many married couples or civil partners with straightforward wishes, joint tenancy can feel simple and reassuring. On the first death, the home passes to the surviving spouse or civil partner without needing a separate decision about that share. However, simplicity is not always the same as protection.
Tenants in common can offer more control. It is often considered by couples who have children from previous relationships, unequal contributions to the purchase price, or a wish to protect a share of the property for their own children in the longer term. It may also suit friends, siblings or unmarried couples buying together, where automatic inheritance may not reflect what either owner wants.
A simple example of how inheritance can change
Imagine Priya and Mark own their home as joint tenants. Mark dies first, and his will leaves everything to Priya. Even if his will instead said that his share should go to his two children, the home would still pass automatically to Priya because of the joint tenancy.
Now imagine they own the home as tenants in common, with 50% each. Mark can leave his 50% share to Priya, to his children, or into a trust created by his will. That does not necessarily leave Priya without a home. A properly drafted will can, for example, give Priya a right to remain living in the property while preserving Mark’s share for his children after her death.
This kind of arrangement needs careful thought. It can protect an intended inheritance, but it may also make future decisions about selling, moving house or raising money more complex. A property protection trust is not the right answer for every household, but it is worth understanding where family circumstances are less straightforward.
When tenants in common may be the better fit
There is no single best option for every co-owner. Your circumstances and priorities should lead the decision.
Tenants in common may be worth considering if you and the other owner have contributed different amounts and want this reflected in the ownership shares. It can also be sensible where you want your share to pass to children or other beneficiaries rather than automatically to the co-owner.
It is commonly discussed by second-marriage families. A parent may want their spouse to have security in the home, while also ensuring that their own children ultimately receive an inheritance. Without appropriate ownership and will planning, assets can pass in a way that was never intended.
Unmarried couples should be especially careful. Cohabiting partners do not have the same inheritance rights as spouses or civil partners under the intestacy rules. If one partner dies without a will, the survivor may not automatically receive the deceased partner’s share, even after many years together. The ownership arrangement and a valid will both matter.
The practical trade-offs to consider
Tenants in common create flexibility, but they also require clarity. If you own unequal shares, it is wise to record what those shares are and why. A declaration of trust can set out the beneficial ownership, contributions and what should happen if the property is sold. This can prevent a difficult disagreement later, particularly where one owner has paid a larger deposit or funded major improvements.
You should also think about the mortgage. Being tenants in common does not divide responsibility for a joint mortgage in the same way as it divides beneficial ownership. Lenders will normally look to all borrowers named on the mortgage for the full debt. Changing your ownership arrangement does not remove anyone from mortgage liability.
Where a surviving owner inherits alongside children or other beneficiaries, decisions may take more time. A sale or remortgage might need the involvement of trustees or beneficiaries. That is not necessarily a reason to avoid tenants in common, but it is a reason to plan properly rather than treat the choice as a box-ticking exercise.
Can you change from joint tenants to tenants in common?
Yes. In England and Wales, joint tenants can usually change to tenants in common through a process called severance. This ends the right of survivorship while leaving both people as owners of the property.
The process generally involves serving a written notice of severance and applying for an appropriate restriction to be entered on the title register. It is important to follow the correct process and retain evidence that the notice has been given. If there is uncertainty about the title, a dispute between owners, or a complicated family situation, legal advice may be sensible.
A change in ownership should be followed by a review of your will. There is little value in holding the property as tenants in common if your will does not say who should receive your share, or if it was written before a major change in your family circumstances.
How to check how you own your home
Do not rely on memory, the wording of the mortgage offer or assumptions made when you moved in. The registered title can provide useful clues, and the conveyancer who handled the purchase may have records of the arrangement. A Form A restriction on the Land Registry title commonly indicates that the property is held as tenants in common.
If you are unsure, take time to establish the position before making or updating your will. This is particularly urgent if you have separated, remarried, had children, received an inheritance, or contributed substantially different amounts towards the home.
Your will and your home should work together
Property ownership is only one part of estate planning, but it is often the most valuable one. A will cannot undo the automatic survivorship rules attached to joint tenancy. Equally, tenants in common without a clear will can leave your share subject to intestacy rules rather than your personal wishes.
For a standard will, English Wills helps make the process more manageable by prompting you to consider the people, property and protections that matter to you. If your arrangements involve trusts, blended families or uncertainty over ownership, taking additional professional advice may be appropriate.
A few minutes spent checking how your home is owned can spare your family a great deal of uncertainty later. Make the ownership choice deliberately, put your wishes in a valid will, and review both whenever life changes.