Published on: 16th February 2026

Joint Tenants vs Tenants in Common

In England & Wales when two or more people own a property together they can do so as either Joint Tenants or Tenants in Common.  The difference mainly affects what happens on death and how ownership shares work.

Joint Tenants

Owning a property as joint tenants is an option commonly used by;

• Married couples.
  
  
• Civil partners.
  
  
• Couples who expressly wish their property to automatically pass to one another, particularly if they don’t have children.

Key Features

• Each owner owns the whole property together.
  
  
• No distinct shares; owners don’t own a specific percentage each.
  
  
• Right of survivorship applies; if one owner dies, their interest automatically passes to the surviving owner(s), regardless of what their Will says or the rules of intestacy.

Example

If a married couple owns a house as joint tenants and one dies, the surviving spouse automatically becomes the sole owner, regardless of what the Will of the deceased says.

Tenants in Common

Owning a property as tenants in common means that each owner holds a specific percentage of the property.  This type of property ownership is most commonly used by;

• Owners who have contributed differing amounts towards the purchase.
  
  
• Couples who wish for a share of the family home to be protected by a trust when the first passes away.
  
  
• Blended families (to protect each owner’s children).
  
  
• Investment properties.
  
  
• Co-owners wanting flexibility in planning.

Key Features

• Each owner owns a distinct share.
  
  
• Shares can be equal (50/50) or unequal (70/30, 80/20, etc.)
  
  
• No automatic right of survivorship.

What happens on death?

The deceased owner’s share passes;

• According to their Will.
  
  
• Under the rules of intestacy in the absence of a Will.

Example

Two friends buy a house as tenants in common with a 60/40 split.  If the owner of the 60% share dies, their 60% share passes to whomever they left it to in their Will — not automatically to the co-owner.

If you would like to speak with one of our Consultants to discuss any of the issues raised in this article or any other Estate Planning topic please telephone 01732 868190 or click here.

Back to all news