Skip to main content
Sharing a home - joint tenancy or tenancy in common
Advice

Joint Ownership: Deciding between a Joint Tenancy and a Tenancy in Common

Wendy Campbell Wendy Campbell
4 min read
This blog is more than 10 years old

Congratulations if you’ve taken the decision to purchase a home together. However have you thought about and decided whether you want to own the property as joint tenants or tenants in common?

What are the differences?

Joint Tenants

Where the property is held by two or more persons as joint tenants it means that if one of you dies then the property automatically passes to the survivor or survivors and therefore the deceased person’s share in the property cannot be bequeathed to anyone in his or her Will. This means that should you have children from a previous marriage or relationship then they will lose out as your interest in the property will pass to the surviving joint tenant or tenants. Therefore if you do have children from a previous marriage or relationship it would be advisable for you to hold the property as tenants in common.

Holding a property as joint tenants also means that in the event of a sale of the property (after deducting any mortgage, estate agents fees and legal fees) the net proceeds of sale are divided equally between the two owners (or three etc). This is likely to be the case even if one of you put more money into the property than the other. It would also mean that in the event of a breakdown of your relationship with the other joint owner or owners then the net proceeds of sale would again be split 50/50 in the case of two joint owners. This would not necessarily apply to joint owners who were married as there is specific legislation which deals with the distribution of property in the event of a divorce.

However you need to seriously appreciate that if the property is held as joint tenants, even though one of you may have contributed significantly more towards the property, the net proceeds of sale would, in the event of a breakdown of the relationship, normally still be split 50/50.

Tenants in Common in equal or un​equal shares

In contrast to joint tenancy, where the property is held as tenants in common in the event of the death of one of you, the property will not pass to the survivor automatically. The parties need not hold the property in equal shares. They can be in equal shares or in any other proportion which the joint owners agree upon. In the event of your death, the survivor or surviving owners must pay to the estate of the deceased party half the net proceeds of sale or whatever share the deceased party had in the property.

A tenancy in common may occur when a couple are purchasing together but have children from previous relationships. A tenancy in common is essential to ensure your children inherit your interest in the property. To be on the safe side you should also make a will and state that you want your children to receive your share ,otherwise the rules of intestacy will decide who receives your share.

This way of holding property is also advisable for couples who decide not to marry, who are contributing different amounts of money to the transaction. This will protect their individual interest in the property and the sums invested in the property.

Where a property is to be held in either equal or unequal shares, the transfer deeds for the property should specify the shares of the two (or more) parties. In the case of unequal shares it may be appropriate for the interests of each party to be set out clearly in a declaration of trust.

What is the best: a Joint Tenancy or a Tenancy in Common?

There are advantages and disadvantages to both. What is best for you depends on your individual circumstances. Many married couples will choose joint tenancy as they may not see any advantage in defining separate shares especially if they do want the property to pass automatically to the surviving spouse if one of them died. However it may be appropriate to combine the decision of whether to hold the property as joint tenants or tenants in common with advice on making a Will. For instance an elderly couple may, on taking legal advice, decide that they do not want the property to pass automatically to the surviving spouse as it could cause potential problems if the surviving spouse had to go into a care home.

A tenancy in common may be particularly suitable for couples where one spouse has children from a previous relationship, couples who are not married, siblings, parents and children or even business partners as in these sort of cases one of the owners of the property may not want the other owner(s) to inherit their share. It is therefore crucial that you do obtain specialist legal advice prior to deciding on whether you wish to hold the property as joint tenants or tenants in common.

To discuss the most suitable option for your own situation, please call Wendy on 0113 320 5000 or email family@winstonsolicitors.co.uk

Client feedback

Sidraa and Paulo were brilliant and faultless. We have gone through the conveyencing process twice before and found the whole experience very frustrating. It was refreshing and very pleasing to find that the team at Winston made sure we were fully informed as things progressed, responded promptly to all of our requests and were friendly and approachable throughout. Highly recommend.
Anonymous
I highly recommend the services by Winston Solicitors. My solicitor went above and beyond to complete the conveyancing process during my house purchase. She always remained accessible and was available to answer my queries at all times. Her instructions were always crystal clear and i was continously updated to ensure i am aware of any progress. Winston Solicitors should be your first choice if you are wanting to work with highly professional individuals.
Nusrhat
Really efficient and helpful, especially Amanda and Olivia. This was a whole new experience for me and other people gave me much longer dates for expected completion whereas Olivia managed to complete everything in a comparatively quick time even when unexpected situations arose, thank you.
Anonymous
Really helpful and responsive. Used them for my remortgage which included taking someone off the deed and making the mortgage for me only and it was all very smooth and I felt very well informed throughout. Felt like good value for money. Would use again.
Katrina
Fantastic experience!After a couple of previous houses unfortunately fell through over the last year, alongside a few other issues, we ended up dealing with four different conveyancers over a two-year period. Our frustrating experiences with the first three corporate firms are what ultimately pushed me to go local and choose a smaller company and I am so glad I did!The entire process with this firm was incredibly smooth. Michelle replied promptly to every single query and the service was still very reasonably priced. Even our estate agents remarked on how impressed they were with Michelle's quick responses and ease of communication.Whenever I had a question, I knew it would be answered often on the exact same day via email and we received constant, transparent updates as milestones were completed. I vastly preferred this direct, human communication over the overly complex online portals I had to use with past firms.I would highly recommend Michelle and this firm to anyone looking to buy a house, especially first-time buyers who want a stress-free experience. Thank you so much!
Miss Dawson
Amazing service from start to finish, Our questions were answered quickly and there were no holds up from our side of the house sale what so ever. Would 100% recommend and use in the future. Special thank you to Samantha & Aishah.
Robyn
We were really impressed with the service that we received from both Leasa and Julie. The process was efficient, communication was great and we liked the online portal where you could see the progress of the sale/purchase easily. Despite some delays from our buyer’s solicitor, both Leasa and Julie seemed to push this daily for us to complete on time. We would recommend Winston’s to others and will use them in the future if we move again!
Charlotte
As first-time buyers, we couldn't have asked for a better solicitor. The whole process was explained clearly from start to finish, and every question we had was answered promptly and professionally. They kept us updated throughout, making what could have been a stressful experience feel straightforward and manageable.Michelle's attention to detail, efficiency, and friendly approach gave us complete confidence every step of the way. No question felt too silly! We would highly recommend their services to anyone, especially first-time buyers. Thank you for helping us buy our first home! Thanks, Michelle / George & Annie :)
George
Contact us