Wills · 9 min read · Published 20 March 2026

Joint property after death: tenants in common vs joint tenants

How you own property with someone else decides what happens to it when you die. The difference between joint tenants and tenants in common, and when to change.

By Aaron Johnson, Consultant Solicitor and TEP, a solicitor in Bridlington who writes every guide himself.

This guide is general information about the law of England and Wales, not legal advice. Each case is assessed on its own merits.

Guides · Wills · No. 13 of 18Published 20 March 2026 · 9 minutes

If you own property with someone else (a partner, relative or friend), the way you hold it in law decides what happens to it when one of you dies.

There are two different types of joint ownership in England and Wales. Getting this wrong can send your share to the wrong person, create a tax bill or undo your estate plan.

The two types of joint ownership

Joint Tenants vs Tenants in Common

Joint Tenants	Tenants in Common
Both owners own the whole property together	Each owner has a defined share (often 50/50, but any split is possible)
When one dies, the other automatically inherits (the right of survivorship)	Your share passes under your will when you die
You cannot leave your share to anyone else in your will	You can leave your share to anyone you choose
The property does not go through probate, but your share still counts for inheritance tax	Your share is part of your estate for probate and inheritance tax
The default for married couples buying together	Needed for trust wills and care fee planning
Simpler, but less flexible for estate planning	More involved, but gives much more control

Why it matters for your will

If you own your home as joint tenants, your will has no effect on it. Your share passes to the surviving joint tenant whatever the will says.

That matters in several common situations:

Second marriages: you may want your share to go eventually to your children from a previous relationship, not to your new spouse's children
Care home fee planning: if your share passes into a trust rather than to your spouse outright, it may be left out of a later means test
Inheritance tax planning: tenants in common allows more options, especially for a larger estate
Business partners: if you co-own property with a business partner, you probably want your share to go to your family, not to them
Unequal contributions: if one of you paid more, tenants in common lets you hold unequal shares (60/40, for example)

Where does your half of the home go?

A will trust for a blended family, shown one step at a time.

See how it works

The nib of a fountain pen writing joined-up words on lined paper

When to switch to tenants in common

Changing from joint tenants to tenants in common is called 'severing the joint tenancy'. It is a simple legal step. It does not affect your mortgage, who lives in the property or how it is used.

Consider severing if:

You want a trust will to protect your share of the property
You have children from a previous relationship
You are planning for possible care home costs
You want to leave your share to someone other than the co-owner
You co-own with a friend, sibling or business partner
You want unequal shares to reflect what each of you paid

How to Sever a Joint Tenancy

Instruct a solicitorYour solicitor prepares the notice of severance and the Land Registry application.
Serve the noticeA formal notice is served on the other co-owner. You do not need their consent, but it is good practice to discuss it first.
Update the Land RegistryA restriction is entered on the property's title at the Land Registry, recording that the owners now hold as tenants in common.
Update your willYour will should then say what happens to your share. This is where trust provisions usually go.

Joint property and care home fees

One of the most common reasons to switch to tenants in common is to protect a share of the family home from care fees. This is how it works:

If you own as joint tenants and one of you dies, the survivor owns the whole property. If the survivor later needs care, the full value of the property is counted in the means test.

If you own as tenants in common and your will puts your share into a life interest trust, the first partner's share goes into the trust on their death. The survivor can carry on living there, but that share is held by the trust. If the survivor later needs care, only their own share is assessed.

A bare tree and the Humber Bridge in soft dusk haze over the estuary

Property planning in Bridlington and East Yorkshire

Property is usually the most valuable asset in an estate. For homeowners in Bridlington, Driffield, Scarborough and across East Yorkshire, how you own your home matters. It is the foundation of good estate planning.

Aaron regularly helps couples and co-owners switch to tenants in common as part of their will and trust planning. It is a small change that can make a large difference to what happens after your death.

Sources

The official pages behind the rules this guide explains. Each was checked on 3 November 2026.

Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 20 March 2026 · Ends

Questions people ask about this.

General answers for England and Wales. What applies to you depends on your circumstances.

What happens to a jointly owned house when someone dies?
It depends how you own it. If you are joint tenants, the surviving owner automatically inherits the whole property, outside the will. If you are tenants in common, the share of the person who died passes under their will (or the intestacy rules if there is no will).

Can I change from joint tenants to tenants in common?
Yes. This is called 'severing the joint tenancy'. You do not need the other owner's agreement: you can serve notice alone. Severance takes effect once the notice is properly served. A restriction is then registered at the Land Registry, which can take a few weeks. Aaron charges a fixed fee for this, shown on the fees page.

Does severing a joint tenancy affect my mortgage?
No. Severing changes how you own the property, not the mortgage. You and the co-owner usually each remain liable for the whole mortgage debt. No law requires the lender's permission to sever. It is still worth checking the mortgage conditions in case they require you to tell the lender.

How do I find out if I'm a joint tenant or tenant in common?
Download a copy of the title register from HM Land Registry on GOV.UK. It costs £7. If there is a 'Form A' restriction on the title, you are tenants in common. It starts 'No disposition by a sole proprietor' and does not use the words 'tenants in common'. If there is no such restriction, you are most likely joint tenants. Aaron can check this for you.

Next step

Ready when you are.

Sixty seconds of questions that end on a named plan and a fixed fee, with VAT.

Or call 01262 310 850, Monday to Friday, 9am to 5.30pm.

Appointments are usually available within a few working days, including Tuesday and Thursday evenings, and home visits across East and North Yorkshire.

Important

This guide contains general information about the law of England and Wales as at March 2026. It is not legal advice and should not be relied on in place of advice on your own circumstances. Wills, inheritance and intestacy law change often; check any specific point before acting on it. Outcomes for any one person depend on their facts, the documents, and decisions taken by HMRC, the courts and others. Fees shown are fixed once agreed in writing, before any work starts. Safe Harbour Legal and Legal Studio Solicitors are trading names of MDLS Solicitors Limited (company number 08599445), authorised and regulated by the Solicitors Regulation Authority, SRA 598793. The complaints procedure is at legalstudio.co.uk/sra-complaints (Legal Studio's website).