In England and Wales, two or more people can own property in one of two ways: as joint tenants (the home passes automatically to the survivor) or as tenants in common (each owner has a defined share they can leave in their will). The choice has major implications for inheritance, divorce and care fees.
The Two Ways To Own Property Together
Whenever two or more people buy a home together — whether it's a couple, friends, or family — the conveyancer asks how you want to be registered. There are only two answers:
- Joint tenants — you both own the whole property together. Neither has a defined share. When one dies, the other automatically inherits — outside the will. This is called the right of survivorship.
- Tenants in common — you each own a defined share (commonly 50/50, but it can be any split). Your share is part of your estate and is distributed by your will.
When Joint Tenants Makes Sense
Joint tenancy is the default for most married couples and civil partners with shared finances and shared children. The benefits:
- Simple — no probate needed for the property to pass
- Fast — survivor can usually deal with the lender immediately
- Cheap — no severance, no extra trust admin
If your circumstances are simple and you both want the survivor to keep everything, joint tenants works well. Pair it with a life insurance policy to clear the mortgage.
When Tenants in Common Is Better
Switch (or set up as) tenants in common when:
- Blended families — you want to leave your share to your children from a previous relationship while letting your current partner stay in the home (see wills for blended families)
- Unequal contributions — one of you put in a much bigger deposit and wants this protected
- Unmarried couples — see our guide for cohabiting couples
- Care fee planning — using a Property Trust to ring-fence half the home (more in property trusts and care fees)
- Inheritance Tax planning — see IHT for homeowners
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How To Switch (Severance)
Changing from joint tenants to tenants in common is called severance of joint tenancy:
- Both owners sign a Notice of Severance
- Submit a Form SEV to HM Land Registry (free)
- A Form A restriction is added to the title
- Update your wills to reflect the new structure
It's quick, doesn't need lender consent, and doesn't trigger Stamp Duty or Capital Gains Tax. A solicitor will typically do the lot for £150–£300.
Next Steps
Not sure how your home is owned? You can check on the Land Registry title for £3 — look for a Form A restriction (= tenants in common) or its absence (= joint tenants).
Through our partnership with Castle Family Legal, we can connect you with a regulated specialist who'll review your ownership and will together. Get in touch.
Frequently Asked Questions
- Can I switch from joint tenants to tenants in common without my partner's agreement?
- Yes — severance is unilateral. You only need to serve notice on the other owner; their consent isn't required.
- Does severance trigger Stamp Duty?
- No. Severance changes the legal form of ownership but not the underlying ownership, so no SDLT or CGT is due.
- Will the lender object?
- Lenders rarely refuse — but check your mortgage terms. Most simply require notification.
- Which is better for Inheritance Tax?
- It depends on the size of the estate. For most couples below £1m total, structure has little IHT impact thanks to spousal exemption and the residence nil-rate band.
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