Buying together: the two ways to hold joint property

When you buy a property with someone else in the UK, you must choose how to own it legally. That choice affects what happens to your share if you die, if you separate, or if you want to sell. The two main ways are joint tenants and tenants in common—and they work very differently.

Joint Tenants: Equal Ownership and Automatic Inheritance

When you own a property as joint tenants, you and your co-owner both own the whole property together equally. There are no separate shares. If one of you dies, the property automatically passes to the surviving owner. This is known as the right of survivorship.

The right of survivorship is the defining feature of joint tenancy. It means the deceased owner's share does not form part of their estate and cannot be left to anyone in their will. Instead, it goes directly to the survivor. This arrangement is common among married couples and cohabiting partners who wish property ownership to transfer seamlessly.

• Equal ownership: each owner has an equal share, typically 50/50 for two owners
• Automatic transfer on death: passes to the surviving owner(s) by operation of law, not through your will
• No selling power alone: one owner cannot sell or transfer their share without the other's consent

Tenants in Common: Individual Shares and Control Over Your Estate

Tenants in common means each owner has a defined share of the property. These shares can be equal (50/50, 33/33/33) or unequal (70/30, 60/40). Each person owns their specific percentage, and that share is theirs alone to leave to whoever they choose in their will.

Unlike joint tenants, there is no right of survivorship. When one owner dies, their share does not automatically pass to the other co-owners. Instead, it becomes part of their estate and is distributed according to their will or the rules of intestacy if they died without one. This can take longer to process through probate than joint tenancy, and may involve additional legal costs.

• Separate shares: each owner can own a specific percentage, equal or unequal
• Freedom to leave your share: you can leave it to anyone in your will—family, friends, or charities
• No automatic inheritance: the surviving co-owners do not automatically inherit your share

Who Should Choose Tenants in Common?

Tenants in common is often the right choice for unmarried couples, friends, or family members buying together. It is particularly important if you want to protect unequal financial contributions. For example, if one person puts in 70% of the deposit and the other puts in 30%, you can own the property in those exact proportions.

Blended families, people with children from previous relationships, and anyone who wants to ring-fence part of their property for specific beneficiaries should also consider tenants in common. Married couples sometimes use it too, especially if one partner brought significant wealth to the marriage and wishes to preserve that separate from the joint marital assets.

Protecting Your Share: Declaration of Trust

If you own property as tenants in common—or even as joint tenants—a Declaration of Trust (also called a Deed of Trust) is a wise precaution. This is a legal document that records in writing who owns what share of the property and on what terms. It acts as evidence of your intentions and protects your investment.

A Declaration of Trust is especially important for unmarried couples. In England and Wales, there is no such thing as a common-law marriage. Unmarried partners do not have the same automatic financial protections as married couples if they separate. Without a Declaration of Trust, if one partner makes most of the payments or receives help from family with the deposit, disputes can arise about who is entitled to what share when the relationship ends.

A good Declaration of Trust sets out: the ownership shares each person holds, how the mortgage or bills are split, what happens if the property is sold, and what happens to each person's share if one of you dies. It protects contributions from family members—sometimes called the 'Bank of Mum and Dad'—ensuring that parents or relatives who helped with the deposit can get their money back when the property is sold.

Changing How You Own Your Property: Severance

If you own a property as joint tenants but later decide you want to change to tenants in common—perhaps because your relationship has broken down, or because you wish to update your will—you can do this through a legal process called severance. You can sever a joint tenancy at any point, and you do not need the agreement of the other owner(s) to do so.

The Severance Process

To sever a joint tenancy, you must serve a Notice of Severance on all co-owners. This is a formal written document clearly stating your intention to end the joint tenancy. The notice must be served on all other owners by post (recorded delivery is advisable), hand delivery, or any method that proves receipt. The language must be clear and leave no doubt about your intention to sever, but it does not need to follow any particular legal form.

After serving the notice, you apply to HM Land Registry using Form SEV to register a Form A restriction, which updates the Land Registry title to show that you now hold the property as tenants in common. Land Registry takes 2 to 6 weeks to process the application, depending on their workload. Once the restriction is registered, the property is legally held as tenants in common.

1. Draft and serve the Notice of Severance on all co-owners
2. Complete application Form SEV and Form A restriction application at HM Land Registry
3. Send this to HM Land Registry's Citizen Centre with the evidence of severance
4. Wait for Land Registry to update the title register (typically 2–6 weeks)
5. You can now leave your share to whoever you choose in your will

Cost and Professional Help

There is no Land Registry fee for registering a Form A restriction when you apply for severance. However, if you use a solicitor or conveyancer to help with the process, professional fees typically range from £250 to £535 plus VAT, depending on complexity. Many people can draft a simple Notice of Severance and apply to the Land Registry themselves, but professional advice is strongly recommended to ensure the process is done correctly and your interests are fully protected.

What Happens After Severance?

Once your joint tenancy is severed, you become tenants in common. Unless you have agreed otherwise, you will hold equal shares (50/50 if two owners, for example). However, you can sever and then sign a Declaration of Trust specifying unequal shares—for instance, 70/30 or 60/40—to reflect different contributions or financial arrangements.

After severance, you should update your will to ensure your share of the property passes to your chosen beneficiaries. If you do not have a will, the intestacy rules will apply, and your share may not go to the people you would have wished.

Checking Your Current Ownership

Not sure whether you own your property as joint tenants or tenants in common? Your solicitor or conveyancer should have explained this when you bought, but you can check. Download your title register from HM Land Registry for a £3 fee—search for your title number at www.gov.uk/search-property-information-land-registry. The register will show your co-owners' names and any restrictions that may indicate your ownership structure.

If you still have your conveyancing file from when you bought the property, it may contain a document called the TR1 (Transfer) form at box 10, which contains an express Declaration of Trust stating how you hold the property. You can also ask your current or former conveyancer to clarify how you took ownership.

Unmarried Couples and Relationship Breakdown

If an unmarried couple bought property together but fail to set up clear ownership terms, disputes can arise when the relationship ends. Without a clear Declaration of Trust or a severed joint tenancy, the courts may need to decide who is entitled to what using the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). This process can be costly and stressful.

TOLATA allows unmarried couples or other joint owners to ask the courts to determine each person's share in the property based on evidence of financial contributions, agreements, or conduct. However, proving your contribution and intentions can be difficult. It is far better to avoid this scenario by documenting everything clearly at the time of purchase through a Declaration of Trust and by choosing the right ownership structure—typically tenants in common for unmarried partners.

Tax and Benefits Implications

Your choice of ownership can affect how you are taxed. If you own a property as joint tenants, married couples are typically taxed 50/50 on rental income by default. However, if you hold the property as tenants in common with unequal shares and want to be taxed according to your actual beneficial interest, you must notify HM Revenue and Customs (HMRC) by submitting Form 17 within 60 days of changing your ownership structure. You will need to provide evidence of your shares, typically your Declaration of Trust.

Similarly, if you are planning for care later in life, how you hold your property may affect means testing for care fees. This is a complex area and varies by local council. Seeking professional advice from an estate planning solicitor or accountant is worthwhile if tax or care planning is a concern.