When buying a property with another person, many people assume ownership is straightforward. However, one of the most important – and often misunderstood – decisions is whether you own the property as Joint Tenants or Tenants in Common.
This distinction can have significant consequences for what happens to your property if you die, separate, or want to leave your share to someone else. Understanding the difference – and getting it right from the outset – is essential.
What does “Joint Tenants” mean?
Owning a property as Joint Tenants means that all owners together own the whole property. There are no defined shares.
The key feature of Joint Tenancy is the right of survivorship. This means that if one owner dies, their interest in the property automatically passes to the surviving owner(s), regardless of what their Will says.
This form of ownership is common for:
- Married couples and civil partners
- Couples who want the property to pass automatically to the survivor
While this can be simple and reassuring, it may not be appropriate for everyone.
What does “Tenants in Common” mean?
If you own a property as Tenants in Common, each owner holds a distinct share in the property. These shares may be equal or unequal, depending on how the purchase was funded.
Crucially, there is no automatic right of survivorship. Each owner’s share forms part of their estate and can be left under the terms of their Will.
This type of ownership is often suitable for:
- Couples who want to leave their share to children from a previous relationship
- Unmarried couples
- Friends or relatives buying together
- Anyone contributing unequally to the purchase price
Many people who own as Tenants in Common also choose to make a Will at the same time, to ensure their share passes as intended.
Why getting this wrong can cause problems
If the form of ownership does not reflect your intentions, the consequences can be serious.
For example:
- A Joint Tenant cannot leave their share of the property to anyone else in a Will
- Children or other beneficiaries may be unintentionally excluded
- Property may pass automatically to someone you did not intend
- Disputes can arise following death or separation
These issues often come to light at a time of stress or bereavement, making them particularly difficult for families to deal with.
Can ownership be changed?
In many cases, yes. Joint Tenancy can usually be severed so that owners hold the property as Tenants in Common instead. This is a formal legal process and should be handled carefully, particularly where Wills, mortgages or family circumstances are involved.
It’s also important to review property ownership if your circumstances change – for example, following marriage, separation, divorce, or the birth of children.
Local legal advice can make all the difference
Property ownership and Wills often go hand in hand. Taking advice early can help ensure your property passes in line with your wishes and avoids unnecessary complications later.
Our property and private client solicitors in Kingsbridge and Plymouth regularly advise individuals, couples and families across Devon and the South West on joint ownership, severance of joint tenancies, and Wills.
If you’re unsure how your property is owned, or whether it still reflects your intentions, we would be happy to help you review your position and plan with confidence.
Contact us
If you would like advice on property ownership, Wills, or ensuring your home passes in line with your wishes, our experienced legal team would be happy to help.
Kingsbridge office
📞 Tel: 01548 857000
Plymouth office
📞 Tel: 01752 246000
With offices in Kingsbridge and Plymouth, we support clients across Devon and the South West with clear, practical advice on property law, Wills and estate planning.