Joint tenants vs tenants in common: which should you choose?
5 min read
Joint tenants own the whole property together and the survivor takes everything; tenants in common own defined shares that can be unequal and passed on by will. For unmarried couples, tenants in common is usually the safer choice.
In short
- Joint tenancy means equal ownership and automatic survivorship on death.
- Tenancy in common means defined shares that can be unequal and can be left by will.
- Unequal deposits almost always point to tenants in common plus a declaration of trust.
- You can switch from joint tenants to tenants in common at any time by severing the joint tenancy.
Start tracking what's yours — together.
Free · iOS · No subscription required for asset tracking
Joint tenants
As joint tenants you own the entire property together. There are no shares — neither of you owns a distinct 50 per cent that could be sold or left to someone else.
The defining feature is the right of survivorship: if one of you dies, the property passes automatically to the other, outside the will and outside the estate. That is simple and often exactly what long-term couples want, but it also means you cannot leave your interest to a child from a previous relationship.
Tenants in common
As tenants in common you each own a defined share — 50/50, 70/30, or whatever you agree. The share is part of your estate, so it passes under your will, not automatically to your partner.
This is the structure to use whenever the contributions are uneven, whenever one of you has children from a previous relationship, or whenever a parent has helped with the deposit and expects that money to be traceable.
How to choose
A rough decision rule for unmarried couples:
- Equal deposit, no children from previous relationships, want the simplest outcome on death — joint tenants is defensible.
- Unequal deposit, or a parental loan, or children from a previous relationship, or a big gap in income — tenants in common with a declaration of trust.
- Unsure — tenants in common. It is easier to be generous in a will than to unpick survivorship after the fact.
The catch with tenants in common: make a will
Because your share does not pass automatically, an unmarried tenant in common who dies without a will leaves their share to their relatives under the intestacy rules — not to their partner. The surviving partner can be left co-owning the home with their late partner's parents or siblings.
Tenants in common and no will is the single worst combination for a cohabiting couple. Make the wills at the same time as the purchase.
Switching later
You can sever a joint tenancy and become tenants in common at any time, unilaterally, by serving a notice of severance on the other owner and applying to HM Land Registry for a Form A restriction. It costs very little.
Couples often do this when circumstances change: one partner inherits money that goes into the house, or the relationship becomes uncertain and both want their own share to be identifiable.
Frequently asked questions
Which one are we by default?
If your conveyancer did not ask, you are most likely joint tenants — it is the standard option on the TR1 transfer form when nothing else is specified. Check the register: a Form A restriction means tenants in common.
Does tenants in common protect my bigger deposit on its own?
Not fully. Tenancy in common allows unequal shares, but you still need a declaration of trust to record what those shares actually are. Without it, a 50/50 assumption is the likely starting point.
Can we be tenants in common with a 50/50 split?
Yes, and many couples do. You get equal shares but keep the ability to leave your half by will rather than it passing automatically to your partner.
This guide describes the position in England and Wales. Scotland and Northern Ireland use different terminology and rules.
This guide is general information, not legal advice. Rules differ between countries — consult a local professional for your situation.
Start tracking what's yours — together.
Free · iOS · No subscription required for asset tracking