Joint Ownership of Property UK: Joint Tenants & Tenants in Common Explained

This video will explain what each type of joint ownership does, the differences between the two and the pros & cons of whichever one you choose.

If you're buying a house jointly in the UK with one or more other persons you will have to decide what type of joint ownership you'll hold that piece of land/property in. Here in the UK we have two types of joint ownership: tenancy in common (tenants in common) and joint tenancy (joint tenants). These names are slightly misleading as they suggest a relation to rental properties as opposed to the legal ownership of land.

A joint tenancy is where you own land jointly with others as a whole. In the event of one of the owners dying, the surviving owners automatically take equal shares, irrespective of the terms of a will. This is the process of the 'Right of Survivorship'. This is particularly relevant for married couples as it provides a level of certainty. ('Survivorship' only deals with 'first' death. You MUST have a will in place to cover second death). To change the ownership to the surviving spouse, all you need to do is produce the death certificate at the Land Registry.

The second type of joint ownership is a tenancy in common. Here there is a distinct line between all parties. The land is divided into separate shares. Upon the death of one of the owners, the share does not pass on automatically to the other shareholders, it must go through a will ('survivorship' doesn't apply). If you die without a will it will pass via intestacy (rules that the law sets out).

It is particularly important to be aware of the type of ownership you hold when it comes to divorce and/or blended families. In the case of a divorce it is likely you will want to change your type of ownership (to tenants in common) if you previously owned as joint tenants. Also be sure to update your will.

You can find out which type of joint ownership you hold at the Land Registry. Within the proprietorship register, which is the part of the land registry records which defines who owns the property, if there is NO 'RESTRICTION', it is automatically assumed to be a joint tenancy.


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