Tenants in common and joint tenants are essential terms every homeowner should understand especially when it comes to writing your Will. The way you legally own your property can have a significant impact on how your Estate is distributed when you pass away.
In the UK, there are two main ways to jointly own property: as Joint Tenants or as Tenants in Common. Although the difference might seem subtle, it can have a big impact on your Estate Planning, particularly for blended families or those with children from previous relationships.
What is the difference between Joint Tenants and Tenants in Common?
When two (or more) people buy a property together in the UK, they usually choose to hold it as either Joint Tenants or Tenants in Common. This is something your solicitor or conveyancer should help you decide at the time of purchase but many people aren’t fully aware of the long-term implications.
Joint Tenants
As Joint Tenants, you each own the whole property together. You have equal rights to the entire property and most importantly if one of you dies, the property automatically passes to the other. This is known as the Right of Survivorship. You cannot leave your share of the property to someone else in your Will.
Tenants in Common
As Tenants in Common, you each own a defined share of the property, often 50/50, but it could be split differently (eg. 70/30). You can each decide what happens to your share in your Will. If one of you dies, their share does not automatically go to the other owner. This means you can leave your share to children, a partner, a charity or whoever you choose.
When I bought properties, I don’t recall being told about Joint Tenants or Tenants in Common. Now, I always ask clients how their property is owned and most don’t know. It’s crucial to check, because it affects what happens to your home when you die.
How does this affect your Will?
The form of ownership directly influences what you can include in your Will.
If you are Joint Tenants, your share passes to the surviving owner automatically, regardless of what your Will says.
If you are Tenants in Common, your share becomes part of your Estate and is distributed according to your Will.
This makes Tenants in Common a powerful option for people who want to protect inheritance for children from previous relationships or distribute assets more widely.
It’s especially common in blended families. You might have children from different relationships and want to ensure everyone is treated fairly. With Tenants in Common, you can give your partner the right to stay in the home for life and still leave your share to your children.
How does a Trust fit in?
A popular option for Tenants in Common is to include a Life Interest Trust in the Will. This allows one partner to remain living in the property for the rest of their life, even though your share of the home is left to someone else. This provides both security for the surviving partner and inheritance protection for the beneficiaries.
You can insert a right to reside so your spouse can’t be forced to sell or leave the property. Then, when they pass away, your share goes to the beneficiaries you’ve named, often children. It’s a very fair way of dealing with complex family structures.
As Simon Hall says “It’s very important to have clarity about the way your home is owned. More people should consider the legal implications of being Joint Tenants vs Tenants in Common. Not in case they fall out or split up, but because a Trust offers protection for both parties. It will also provide for any children from a previous relationship. This does not mean you love or care for your partner any less. It’s about fairness in the long term for all concerned.”
What about care fees?
Another reason some people choose tenants in common is the potential to limit exposure to care fees. This is because, If a property is owned by tenants in common and one partner goes into care, only their share of the property is considered when assessing assets for care costs.
However I would like to caution you regarding this. You can’t switch to Tenants in Common just to avoid care fees. That’s termed deliberate deprivation. But if there are other legitimate reasons, like inheritance planning, then it may be a byproduct. It’s best to get specific advice on this and do it properly.
Should I check how I own my home?
Yes and it’s easy to do. If you’re not sure whether you’re Joint Tenants or Tenants in Common, you can check by ordering a copy of your Title Register from the Land Registry.
I can also help you with this as well as change ownership if needed, using a legal document called a Severance of Tenancy.
At Simon Hall, we can look up your property on the Land Registry and advise what your current arrangement is. It’s one of the first things we check when we meet a new client.
Is Tenants in Common right for me?
That depends on your family circumstances and wishes. You might want to consider Tenants in Common if:
You are part of a blended family;
You want to leave your share of the home to children or others;
You wish to protect inheritance from being passed outside your bloodline;
You want to give someone a right to reside in your home but not ownership; and
You are concerned about care fees and want to plan accordingly.
Owning property together comes with various responsibilities and legal consequences after death. Understanding the difference between Joint Tenants and Tenants in Common is essential to ensuring your Will reflects your wishes and protects the people you love. For me, it’s all about removing doubt and putting things clearly in writing. A properly written Will brings peace of mind and it’s one of the most caring things you can do for your family.
Also read: Interview with Dudley Barnes – Why I Chose to Join Simon Hall Will Writing Services
Dudley Barnes
With a calm, personable approach and a background in professional sales, Dudley Barnes brings warmth and clarity to Will Writing and Estate Planning. Based in Yeovil, he supports clients across Somerset and West Dorset, helping them make confident, informed decisions about their future. Dudley is known for his empathy, attention to detail and genuine passion for making a difference in people’s lives.