Ownership · 5 min read
Joint tenants or tenants in common: the choice that outlives you
Two ways of owning a property together, with completely different consequences on death and separation.
Russ
HMLR Case Specialist
Every property owned by more than one person is held in one of two ways, and most owners could not say which applies to them.
As joint tenants, you own the whole property together. When one of you dies, their interest disappears and the survivor owns everything automatically. This happens by operation of law and a will cannot change it: a point that regularly defeats carefully drafted estate plans.
As tenants in common, each of you owns a distinct share. That share forms part of your estate and passes under your will, or under the intestacy rules if you have not made one. The register carries a Form A restriction to record this.
Joint tenancy suits most married couples with shared children. Tenants in common suits unequal contributions, blended families, business partners and anyone who wants their share to go somewhere specific. Converting from one to the other is called severance: a notice served on the co-owner and a form lodged at the Land Registry, effective without the other party's agreement.
It costs very little to change and a great deal to discover, too late, that it was never changed.
Change how you own your property
Severance of a joint tenancy is a notice and a Land Registry form. We prepare and lodge both.