If you own your home with someone else, the way you own it matters as much as your will. It can decide whether your will has any say over your share at all.
Joint tenants
You both own the whole property together. When one of you dies, the survivor automatically owns all of it, whatever either will says. It's simple, and it's how many couples own their homes.
Tenants in common
You each own a defined share, such as 50/50 or 60/40. When one of you dies, their share passes under their will, or under the intestacy rules if there's no will.
When tenants in common makes sense
- Blended families: to make sure your share eventually reaches your own children. See blended families.
- Unmarried couples who contributed different amounts.
- Protecting your share from care fees using a protective property trust in your will. See protective property trusts explained at Care Fees Guide.
- Inheritance tax planning in some larger estates.
The trap
Tenants in common only works if you both have wills that deal with your shares. Without a will, your share goes under the intestacy rules, which could leave a partner co-owning with your relatives.
Not sure which is right for you? Talk to a specialist.
Frequently asked questions
How do I check how we own our home?
Download the title register from HM Land Registry for a small fee. A restriction saying no disposition by a sole proprietor is usually a sign of a tenancy in common.
Can we change from joint tenants to tenants in common?
Yes. It's called severing the joint tenancy. It can be done by a written notice and registered with the Land Registry. It doesn't affect your mortgage.
Why would married couples choose tenants in common?
To protect children from a first marriage, to leave a share in a protective property trust, or to plan for inheritance tax or care fees. It needs a will to work.
Request a call back
Tell us a little about your situation and we'll call you, usually within one working day, to understand what you need. If it would help, we'll then put you in touch with a specialist, such as a solicitor who deals with wills and powers of attorney. We'll always tell you who they are before passing on your details. We don't give advice ourselves, and there's no obligation.