28 May 2026 · 5 min read
Two ways to own a home together
When two or more people buy a property together in England and Wales, they have to choose how they hold it: as joint tenants or as tenants in common. It sounds like paperwork, but the choice decides what happens to your share if you split up or die. It is one of the most important decisions you will make at purchase, and many people tick the box without understanding it.
Joint tenants
As joint tenants, you own the whole property together. You do not have separate, identifiable shares; in the eyes of the law you own all of it, jointly. Two features define it:
- Equal ownership. The property is treated as owned equally between you.
- Right of survivorship. If one of you dies, your share passes automatically to the other owner, regardless of what your will says. You cannot leave your share to anyone else.
This often suits married couples and civil partners who share everything equally and want the survivor to inherit the home automatically.
Tenants in common
As tenants in common, you each own a distinct share of the property. The defining features are the opposite of joint tenancy:
- Shares can be unequal. You might own 70% and 30%, or any split that reflects what you each put in.
- No survivorship. When you die, your share passes under your will, not automatically to the other owner. If you have no will, it passes under the intestacy rules.
Tenants in common usually record their shares in a Declaration of Trust, and a restriction is entered on the title at the Land Registry to flag that the property is not held as joint tenants.
Which one suits you?
As a rough guide:
- Joint tenants can make sense where you contribute equally, share finances completely, and want the survivor to inherit automatically.
- Tenants in common is usually the right choice if you are putting in unequal deposits, want to protect a larger contribution, are buying with a friend or family member, or have children from a previous relationship you want to provide for.
You can change your mind later
You are not locked in forever. A joint tenancy can be converted into a tenancy in common by a process called severance, usually by serving written notice on the other owner and registering a restriction at the Land Registry. People often do this when a relationship changes or when they want to start protecting their individual share.
Recording and keeping it current
Choosing tenants in common and signing a Declaration of Trust sets your shares. Keeping those shares fair over time is a separate job: overpayments and capital improvements can change who has really put in what. A running, timestamped record of contributions keeps the picture honest and your document meaningful.
The bottom line
Joint tenants own the whole equally with automatic survivorship; tenants in common own distinct shares that pass under their will. If your contributions are unequal or you want control over who inherits your share, tenants in common with a Declaration of Trust is almost always the safer choice. Whichever you pick, write it down and keep a record of what you each pay.
This article is general information about the law in England and Wales, not legal advice. For your own situation, speak to a qualified solicitor.
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