When two or more people buy a property together, they must choose how they want to legally own it. The two options are Joint Tenancy and Tenants in Common.
They sound similar, but they work very differently, especially when it comes to what happens if one owner dies or wants to sell their share.
Here’s a simple breakdown:
Joint Tenancy: “We own this together as one unit”
A joint tenancy means all owners collectively own the whole property. No one has a specific percentage or defined share.
Key features
- Equal ownership
Everyone owns 100% together. You don’t have a 50% or 30% share — you all own the whole thing.
- Right of survivorship
If one owner dies, their share automatically passes to the other owner(s). It does not go into their will.
- Common for couples
Married couples or long‑term partners often choose this because it keeps things simple.
Example
If Alex and Sam own a house as joint tenants and Alex dies, Sam automatically becomes the sole owner, even if Alex’s will says something different.
Tenants in Common: “We each own our own share”
With tenants in common, each person owns a specific share of the property. These shares can be equal or different.
Key features
- Defined shares
You can split ownership however you want — 50/50, 70/30, 90/10, etc.
- No automatic transfer on death
Your share goes into your estate and is passed on according to your will.
- Flexible for different financial contributions
Useful when owners put in different amounts of deposit or want to protect their investment.
Example
If three siblings buy a property and one dies, their share goes to whoever they name in their will, not automatically to the other siblings.
Declaration of Trust
In the event that you decide to hold the property as tenants in common, in unequal shares you may then want to have a written agreement drawn up, known as a Declaration of Trust. It is a legally binding document that formally records the shares to include any other intentions and provides a clear framework for managing and distributing the shares, on a future transaction.
Here at Home Property Law, we have the expertise to assist with drawing up such agreements. Please reach out for further information.
Which option is better?
It depends on your situation and your goals.
Choose Joint Tenancy if:
- You want the property to automatically pass to the other owner(s)
- You’re a couple who sees the property as a shared asset
- You want simplicity and equal ownership
Choose Tenants in Common if:
- You want to leave your share to someone else in your will
- You’re buying with friends, siblings, or business partners
- You’re contributing different amounts to the purchase
- You want more control over your share
Can you change from one to the other?
Yes. You can sever a joint tenancy to become tenants in common, and you can also switch the other way. Many people do this when their circumstances change, for example, after marriage, separation, or estate planning.
Quick comparison table
| Feature | Joint Tenancy | Tenants in Common |
| Ownership | Everyone owns the whole property together | Each person owns a defined share |
| Shares | Always equal | Can be equal or unequal |
| What happens on death | Automatically passes to other owner(s) | Passes according to your will |
| Common for | Couples | Friends, siblings, investors |
| Flexibility | Less flexible | More flexible |
Final takeaway
The main difference is simple:
- Joint Tenancy = shared ownership with automatic inheritance
- Tenants in Common = separate shares with control over who inherits
Choosing the right one can protect your interests, avoid disputes, and make sure your wishes are followed.
Here at Home Property Law, we can assist with advising you on your decision, on how you are to hold the property between you and your co owners, during the process of your property transaction.
Please do not hesitate to contact any of the Home Property Law team and we will do our best to assist you.
