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Legal and Process

Joint Tenants vs Tenants in Common

Buying a property with someone else? There are two ways to structure ownership. We explain how they differ and which one might suit your situation.

Joint tenantsTenants in common
Ownership sharesEqual (always 50/50)Can be unequal (e.g. 70/30)
If one owner diesShare passes automatically to co-ownerShare passes via the will
Can you sell your share?Not independentlyYes, independently
Best suited toMarried couplesFriends, family, or unequal contributions

As joint tenants, you both own the whole property together. There are no separate shares. The key feature is the right of survivorship: if one of you dies, their interest passes automatically to the other, regardless of what their will says.

This is the most common arrangement for married couples and civil partners. It is simple and ensures the surviving partner keeps the home without the need for probate.

As tenants in common, you each own a defined share of the property. The shares do not have to be equal. For example, if one person contributed a larger deposit, you might agree to a 60/40 or 70/30 split.

Your share is yours to deal with as you wish. You can leave it to whoever you like in your will. This is important for people who want to protect their share for children from a previous relationship, or for friends buying together who want a clear division.

Yes. You can switch from joint tenants to tenants in common (this is called severance of the joint tenancy) by serving a notice on the other owner. Going the other way, from tenants in common to joint tenants, requires both parties to agree and your solicitor to update the Land Registry records. There is usually a small legal cost involved.

Buying with someone else?

We can talk you through the ownership options and help you find the right mortgage for a joint purchase.

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