If you own a home with someone else in England or Wales, you own it in one of two ways: as joint tenants or as tenants in common. The names sound similar, the differences sound technical, but the consequences when one of you dies are completely different.
This is one of the few estate-planning decisions where a single tick on a Land Registry form can change who eventually owns your home. Worth understanding properly before you write your will.
The core difference in one sentence
- Joint tenants own the whole property together, with no defined shares, and the right of survivorship means the survivor automatically takes the lot.
- Tenants in common own distinct shares (which can be equal or unequal), and each share passes through that owner's will, not to the co-owner automatically.
Everything else — tax, mortgages, what your will can and can't do — flows from that one distinction.
The "four unities" of joint tenancy
For property to be held as joint tenants, four conditions must be met (lawyers call these the four unities):
- Unity of possession — every owner has the right to occupy the whole property
- Unity of interest — every owner's interest is identical
- Unity of title — every owner acquired their interest from the same document
- Unity of time — every owner acquired their interest at the same moment
Tenants in common only need unity of possession. The other three can vary — which is why tenants in common can have unequal shares (60/40, for example) and can be added to the title at different times.
You don't need to memorise this. The practical takeaway is that tenancies in common are far more flexible, while joint tenancies are simpler.
What happens on death
This is the part that matters for a will.
Joint tenants:
- The right of survivorship kicks in automatically
- The surviving owner becomes the sole owner
- The deceased's will has no effect on the property
- No grant of probate is needed to update the title
- If both die together, section 184 of the Law of Property Act 1925 deems the older one to have died first
Tenants in common:
- The deceased's share passes under their will (or intestacy if there's no will)
- The surviving owner keeps their own share but now co-owns with whoever inherited
- The estate usually needs probate before the share can be formally transferred
- The deceased's share counts towards their inheritance tax estate
We've covered the practical aftermath in our guide on jointly owned property when you die.
When does each option suit you?
Joint tenants tends to suit:
- Married couples and civil partners with shared children (or no children)
- Couples who want a fast, automatic transfer to the survivor
- People whose main concern is "I want my partner to keep the house, no fuss"
Tenants in common tends to suit:
- Blended families — each partner wants their share to go to their own children
- Couples who contributed unequally to the deposit or mortgage
- Friends, siblings, or business partners buying together
- Couples doing inheritance tax planning around the residence nil-rate band
- Anyone who wants the option of a life interest trust for a surviving partner
Blended-family planning in particular usually points to tenants in common. We've gone deeper into the choices in blended families and wills.
If you're not sure which fits your situation, our guided will builder asks the right questions and steers you through.
Inheritance tax: does it differ?
Inheritance tax doesn't care whether you're joint tenants or tenants in common — what matters is who inherits.
- Anything passing to a spouse or civil partner is exempt, regardless of ownership type
- The £325,000 nil-rate band and £175,000 residence nil-rate band (frozen until April 2030) apply to the deceased's share either way
- The residence nil-rate band needs the home (or a share of it) to pass to a direct descendant — children, stepchildren, adopted children, or grandchildren
Where the structure can affect tax planning is by giving you control over where the share goes. With tenants in common, each owner's will can direct their share to children, grandchildren, or a trust — opening up planning options that joint tenancy simply doesn't allow. The detail is in our guide to inheritance tax in the UK.
How to switch from one to the other
You can switch at any time. The two changes are:
- Joint tenants to tenants in common: severance. Either owner can do this unilaterally. You serve a written notice of severance on the other owner(s) and submit Form SEV to HM Land Registry. No agreement needed — though it's usually polite to discuss first.
- Tenants in common to joint tenants: rare and more involved. It usually requires a transfer deed (TR1) re-vesting the property, and the four unities have to be re-established at that moment.
People most often switch to tenants in common rather than away from it, typically as part of estate planning when one partner wants to leave their share to children rather than to the surviving partner.
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A worked example
James and Priya own a house worth £500,000. Each has £200,000 in other assets. Both have children from previous marriages.
Scenario A — joint tenants:
James dies. The whole house passes to Priya by survivorship. James's will saying "leave my share of the house to my son Tom" has no effect. Tom gets nothing from the property. When Priya later dies, her will controls where the house goes — Tom could end up disinherited entirely.
Scenario B — tenants in common, 50/50, with a life interest trust:
James dies. His £250,000 share passes into a life interest trust. Priya can live in the house for life. When Priya later dies, the trust ends and Tom inherits the £250,000 share. Priya's own £250,000 share goes wherever her own will directs.
Same couple, same house — totally different outcomes, controlled by which box was ticked at the conveyancer's office and what the wills say.
For arrangements as nuanced as a life interest trust, for complex estates, we recommend you seek assistance from a Trusted Hands Advisor or your own legal advice.
> Ready to start your will? Trusted Hands turns these decisions into a 15-30 minute guided builder. Start free → — only pay when you download.
Frequently asked questions
How do I find out how my home is currently owned?
Order the title register from HM Land Registry for £3. If there's a "Form A restriction" listed, you're tenants in common. If there isn't, you're joint tenants. Your original conveyancing paperwork will also say.
Can we have unequal shares as tenants in common?
Yes — that's one of the main reasons to use tenants in common. Shares can be 50/50, 60/40, 70/30, or any split, and they should be recorded in a declaration of trust alongside the Land Registry title.
Does severing a joint tenancy need court approval?
No. A notice of severance plus Form SEV to HM Land Registry is enough. You don't need the other owner's permission, though they will be notified.
Can a will override a joint tenancy?
No. The right of survivorship trumps any wording in the will. If you want your share of the home to pass under your will, you need to sever the joint tenancy first.
Which is better for inheritance tax?
Neither is inherently better — what matters is who inherits. Tenants in common gives you more control over where each share goes, which opens up more tax-planning options. But for couples leaving everything to each other, joint tenancy is simpler and the tax outcome is the same.
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