Property & Wills
Jointly Owned Property and Inheritance: What You Need to Know
How you own your home with another person determines exactly what happens to it when one of you dies — and your will may have no say in the matter at all. The distinction between joint tenants and tenants in common is one of the most important in estate planning. At Legacy Lines, we explain this to every client whose estate includes jointly owned property.
In this guide
Two ways to own property jointly
In England and Wales, two or more people can own property together in one of two ways: as joint tenants, or as tenants in common. The names sound similar but they work very differently on death. You can check how you own your property by looking at the title register at HM Land Registry, or by checking any mortgage or conveyancing documents from when you purchased the property.
Joint tenants
When property is owned as joint tenants, the owners do not have individual shares. They own the whole property together. When one owner dies, their interest automatically passes to the surviving owner(s) — this is called the right of survivorship.
This happens regardless of what the deceased's will says. A will cannot override the right of survivorship for a joint tenancy. The property is not part of the estate — it passes outside of the will entirely.
Joint tenants — key facts
- Property passes automatically to the survivor on death
- Your will has no effect on your interest in the property
- Suitable for couples who want simple, automatic transfer
- Cannot separately mortgage or sell your share without the other owner's agreement
- Less suitable for blended families with children from previous relationships
Tenants in common
When property is owned as tenants in common, each owner holds a defined share. Shares are often equal (50/50) but can be any proportion. When one owner dies, their share does not pass automatically to the other — it forms part of their estate and is distributed under their will (or intestacy if there is no will).
This gives each owner full control over who inherits their share through their will. It also means each share can be dealt with independently — sold, mortgaged or placed in trust — with appropriate legal arrangements.
Tenants in common — key facts
- Each owner's share is governed by their will on death
- Shares can be left to children, trusts or other beneficiaries
- Essential for blended families and protective property trust planning
- The surviving owner does not automatically inherit the deceased's share
- Requires a will — without one, the share passes under intestacy rules
Which is right for you?
Joint tenancy is straightforward and appropriate for many couples, particularly those in first marriages with children from that marriage only, who simply want everything to pass to the survivor.
Tenants in common is more appropriate for: couples in blended families where each has children from a previous relationship, families where one partner may later need care and wants to ring-fence their share from care fee assessments, and situations where inheritance tax planning is a consideration. In these cases, a protective property trust written into a will can protect the first owner's share for children while allowing the survivor to remain in the home.
Severing a joint tenancy
You can change from joint tenants to tenants in common at any time by severing the joint tenancy. This is done by serving a notice of severance on the other owner and registering the change at HM Land Registry (using Form SEV, with a fee of around £40).
Legacy Lines can arrange tenancy severance as part of a trust-based will. We coordinate the Land Registry process alongside the will drafting to ensure everything is completed correctly and the protective trust takes effect as intended.
Property ownership and care fees
If you own property as joint tenants and your partner dies, you automatically inherit their share — meaning the full property is in your name. If you later need residential care, the entire property value will be assessed in a means test. By contrast, if you owned as tenants in common and the first partner's share passed into a protective property trust via their will, only your own share would be assessed. This distinction can make a significant difference to the amount of care costs your family ultimately faces. See our guide on protecting your home from care fees.
Frequently asked questions
What is the difference between joint tenants and tenants in common?
Joint tenants own property jointly without individual shares — when one dies, the property automatically passes to the survivor regardless of any will. Tenants in common each own a defined share (e.g. 50/50) that can be left separately in a will. This distinction is critical for estate planning.
Does a joint tenant's share pass through their will?
No. A joint tenant's interest in property does not form part of their estate and cannot be left in a will. It passes automatically to the surviving joint tenant(s) by the right of survivorship. This is called the survivorship rule.
Can I change from joint tenants to tenants in common?
Yes. You can sever a joint tenancy at any time by serving a written notice of severance on the other owner(s). Once severed, each owner holds a defined share as tenants in common. Legacy Lines can assist with the severance process, which typically involves a Land Registry form and costs around £40 in Land Registry fees.
Why would I want to be tenants in common?
Owning as tenants in common gives each owner control over their share through their will. This is important for: blended families where each partner has children from a previous relationship, protecting a share from care fee assessment if the surviving partner enters care, and certain inheritance tax planning strategies.
What happens to a property if one owner dies and there is no will?
If the property is held as joint tenants, it passes automatically to the survivor regardless of intestacy. If it is held as tenants in common, the deceased's share forms part of their intestate estate and is distributed under the Rules of Intestacy — which may not produce the desired outcome.