Tenants in Common vs Joint Tenants

How you own your property has a significant impact on your will, inheritance tax planning, and care fee protection. This guide explains the key differences and helps you choose the right structure.

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Joint Tenants

Each owner has an equal, undivided share
On death, share passes automatically to the survivor
Cannot leave your share in your will
Simpler — no need to specify shares
Less flexible for estate planning

Tenants in Common

Each owner holds a defined share (equal or unequal)
On death, share passes in accordance with the will
Can leave your share to whoever you choose
More flexible for estate planning
Essential for blended families and care fee planning

Key Differences at a Glance

How joint tenancy and tenants in common compare across the issues that matter most for estate planning.

Aspect	Joint Tenants	Tenants in Common
Ownership shares	Each owner holds an equal, undivided share. You cannot own 60% and your partner 40% as joint tenants.	Each owner can hold a defined share — equal or unequal. You can own 60% and your partner 40%, or any other split.
What happens on death	The deceased's share passes automatically to the surviving owner(s) by the right of survivorship — regardless of what the will says.	The deceased's share passes in accordance with their will (or the intestacy rules if there is no will). It does not pass automatically to the surviving owner.
Can you leave your share in your will?	No — your share passes automatically to the surviving owner. You cannot leave it to anyone else in your will.	Yes — you can leave your share to whoever you choose in your will. This is the key advantage for estate planning.
Inheritance tax	The full value of the property passes to the surviving spouse (exempt from IHT), but the nil-rate band is not used on the first death.	Each owner's share can be left to a trust on the first death, potentially using the nil-rate band and reducing the overall IHT liability.
Care fee planning	The surviving partner owns the whole property. If they need residential care, the full value of the property could be assessed.	The deceased's share can be held in a trust, potentially protecting it from being used to fund the surviving partner's care fees.
Blended families	The surviving partner inherits everything. Children from a previous relationship have no automatic right to the deceased's share of the property.	The deceased's share can be left to a trust for the benefit of children from a previous relationship, while still allowing the surviving partner to live in the property.

When Should You Own as Tenants in Common?

Tenants in common is generally more appropriate in the following circumstances.

Blended families

If either partner has children from a previous relationship, tenants in common allows you to protect your share for your own children while still providing for your surviving partner.

Care fee planning

Holding the property as tenants in common and leaving your share in a trust will can protect your share from being used to fund the surviving partner's care home fees.

Inheritance tax planning

Leaving your share to a trust on the first death can use your nil-rate band and potentially reduce the overall IHT liability on the estate.

Unequal contributions

If one partner contributed more to the purchase price, tenants in common allows you to reflect this in the ownership shares — for example, 60/40 rather than 50/50.

Business owners

Business owners may want to keep their share of the family home separate from their business assets for asset protection purposes.

Cohabitees

Unmarried couples should almost always own as tenants in common and make wills — without a will, the surviving partner may receive nothing under the intestacy rules.

Frequently Asked Questions

What is the difference between tenants in common and joint tenants?

The key difference is what happens when one owner dies. Joint tenants: the deceased's share passes automatically to the surviving owner(s) by the right of survivorship — regardless of the will. Tenants in common: the deceased's share passes in accordance with their will (or the intestacy rules). As tenants in common, each owner holds a defined share that they can leave to whoever they choose.

Which is better — joint tenants or tenants in common?

It depends on your circumstances. Joint tenancy is simpler and ensures the property passes automatically to the surviving partner. Tenants in common gives more flexibility — particularly for blended families, care fee planning, and inheritance tax planning. For most couples with children, tenants in common with a trust will is often the more appropriate structure.

Can I change from joint tenants to tenants in common?

Yes — you can sever a joint tenancy at any time, without the consent of the other owner. This is done by serving a notice of severance on the other owner and registering the change at HM Land Registry. Once severed, each owner holds an equal share as tenants in common (unless a different split is agreed). We can handle this for you.

Do tenants in common need a will?

Yes — if you own property as tenants in common, you should have a will. Without a will, your share of the property will pass under the intestacy rules, which may not reflect your wishes. If you are not married to your partner, they may receive nothing under the intestacy rules. A will is essential.

What happens to tenants in common when one dies?

When a tenant in common dies, their share of the property passes in accordance with their will (or the intestacy rules if there is no will). It does not pass automatically to the surviving owner. The surviving owner and the deceased's estate then own the property together — which can cause practical difficulties if they cannot agree on what to do with it.

Can tenants in common force a sale?

Yes — any co-owner can apply to the court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The court has discretion whether to order a sale, taking into account the interests of all parties. This is a complex area of law — we recommend taking advice before making or defending such an application.

How do I find out if I own as joint tenants or tenants in common?

You can check the title register at HM Land Registry. If the property is owned as joint tenants, the register will typically say "no disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered." If this restriction is not present, you are likely joint tenants. We can check this for you.