Tenants in Common or Joint Tenants?

When two or more people buy a property together in England and Wales, they must decide how the ownership will be structured. There are two options:

• Joint tenants — each owner holds the whole of the property jointly
• Tenants in common — each owner holds a specific, defined share of the property

Despite the word "tenants", both terms refer to property ownership, not rental. The choice you make affects what happens when the property is sold, what happens if one owner dies, and how disputes between owners are resolved.

What Is Joint Tenancy?

With a joint tenancy, both (or all) owners hold the property together as a single entity. Each joint tenant owns 100% of the property — not a divisible share of it. Key characteristics:

• All joint tenants must act together and agree before the property can be sold
• When the property is sold, proceeds are divided equally — regardless of how much each person contributed to the deposit or mortgage
• If one joint tenant dies, their interest in the property automatically passes to the surviving owner(s). This is the "right of survivorship" and it overrides anything written in a will
• Joint tenants cannot leave their share of the property to anyone else in a will

Advantages and Disadvantages of Joint Tenancy

Advantages	Disadvantages
Simplest form of joint ownership — fewer documents	Cannot have unequal ownership shares
Lower legal fees than tenants in common with a deed of trust	Proceeds split 50:50 on sale regardless of financial contribution
Ideal for couples who want the other to inherit automatically on death	Cannot pass your ownership to someone else in your will
Right of survivorship avoids probate on the property	If one owner refuses to sell, a court order may be needed

What Is Tenants in Common?

With tenants in common, each owner holds a specific, defined share of the property. The shares can be equal or unequal:

• Each person's share is recorded in a deed of trust (also called a declaration of trust)
• If one person contributed a larger deposit, their share can reflect this (e.g. 70:30)
• Each owner can leave their share to whoever they choose in their will
• There is no right of survivorship — the share passes according to the will or intestacy rules, not automatically to the co-owner

Tenants in common is common among:

• Unmarried couples where each has contributed different amounts
• Friends buying together
• Couples with children from previous relationships who want their children to inherit their share
• Investors co-purchasing property

Advantages and Disadvantages of Tenants in Common

Advantages	Disadvantages
Allows unequal shares to reflect differing contributions	Requires a deed of trust — additional legal cost
Each owner can leave their share in their will	More complex to set up and administer
Greater flexibility on separation or death	Inheritance of a share by a third party can complicate future sale
Useful for inheritance planning and tax purposes	No automatic survivorship — probate may be required on death

What Is a Deed of Trust?

A deed of trust (or declaration of trust) is a legal document that sets out the terms of co-ownership between tenants in common. It is not required by law, but it is strongly recommended — without it, disputes about shares, contributions, and exit arrangements can be difficult to resolve. A deed of trust typically covers:

• Each person's percentage ownership share
• How the deposit contributions are recorded
• How ongoing costs (mortgage, maintenance) are split
• What happens if one person wants to sell and the other doesn't
• How the property will be valued if one party wants to buy out the other
• What happens in the event of the death of one owner

A deed of trust is drafted by a conveyancing solicitor at the time of purchase and costs approximately £200–£500 depending on complexity.

Joint Tenants vs Tenants in Common — Which Is Right for You?

Your Situation	Recommended Choice
Married couple with equal contributions	Joint tenancy — simple, automatic survivorship
Unmarried couple with unequal contributions	Tenants in common with a deed of trust
Friends or investors buying together	Tenants in common with a deed of trust
Couple with children from previous relationships	Tenants in common — each can leave their share to their children
One person contributing most/all of the deposit	Tenants in common to protect the larger contributor

Can You Change from Joint Tenants to Tenants in Common (or Vice Versa)?

Yes. It is possible to change the type of ownership after purchase:

• Severing a joint tenancy to become tenants in common — any joint tenant can do this unilaterally by serving a notice of severance; no consent from the other owner is needed. This should be done in writing and a deed of trust should follow.
• Converting tenants in common to joint tenancy — requires the agreement of all owners and a declaration of trust to reflect the change.

Both changes should be registered at HM Land Registry to be effective. Your conveyancing solicitor can handle this for you.

Frequently Asked Questions

Does it matter which type of ownership we choose for our mortgage?

For mortgage purposes, both joint tenancy and tenants in common are acceptable to most lenders. However, some lenders have specific requirements — confirm with your mortgage broker or lender before completing the TR1.

What happens to a joint tenancy if we separate?

If you separate and are joint tenants, either owner can sever the joint tenancy to become tenants in common. This means each person's share is then protected separately and can be dealt with independently. Legal advice is strongly recommended on separation.

Can one tenant in common force a sale?

Yes — any tenant in common can apply to the court for an "order for sale" if the co-owners cannot agree. Courts will generally make the order unless there are exceptional circumstances (e.g. minor children living in the property).

Are tenants in common liable for each other's debts?

Each tenant in common owns a separate share, so their creditors can pursue their share specifically. If one owner becomes bankrupt, their trustee in bankruptcy may seek to sell the property to realise their share. Joint tenants face similar risks — the whole property may be at risk if one owner's creditors obtain a charging order.