Joint Tenants or Tenants in Common: Which Should You Choose When Buying a House with Someone Else?

With home ownership becoming increasingly difficult for young people, more people are choosing to buy their first homes with a partner, friend, or sibling. However, this can raise questions about which form of ownership best fits your situation: joint tenants or tenants in common. This is an important topic to understand before buying, as it can have implications when you come to sell, if a relationship breaks down, or if one party dies.

What does being a joint tenant or tenant in common mean, and what are the differences?

When you buy a property with someone else, you must decide which type of joint ownership you would like. When you register the property with the Land Registry, they will ask what form of ownership you and the other party have.

As joint tenants, you will have equal rights to the property, as each party owns the whole asset rather than a defined share. Furthermore, if one of the owners dies in a joint tenancy, the property automatically passes to the other party. This means that it is not possible for that person’s share of the property to pass under a will.

On the other hand, with ownership as tenants in common, you will both own distinct shares in the property. Therefore, if an owner dies, their share will not pass automatically to the other owner and can instead be passed under a will. A declaration of trust is usually recommended to set out your respective shares in the property, which can be equal or unequal. As you can see, both methods have strengths; however, they will not be suitable options for every situation.

What to consider before choosing to be joint tenants

Due to the right of survivorship in a joint tenancy, where ownership automatically passes to the other party on death, it is clear why this method may be preferred by people who are married or in civil partnerships, as it can make inheritance more straightforward.

However, this may not always be what is wanted in a relationship. In a joint tenancy, ownership is generally intended to be equal, regardless of how much each person contributed financially. This may not always reflect the parties' wishes where contributions have been unequal.

Joint tenancies can also leave your extended family, or children from a previous relationship, without a right to your property if you die first, as the whole property passes to the surviving owner without regard to a will.

Through these points, it is clear to see why joint tenancy may not always be the most suitable method of owning a house if you are two friends or siblings trying to get on the property ladder by buying a house together and do not plan to have a family or live together forever.

What to consider before becoming tenants in common

Instead, tenants in common can be a much more suitable way for people to own their home. One consideration is whether the shares will be fixed from the outset or whether they will be able to change based on the contributions made by each party throughout ownership, for example by paying for building work. Shares can also be proportionate to the amount of capital each person contributes towards purchasing the property.

This can be particularly beneficial for buyers who contribute different amounts towards the purchase price or who want certainty about their respective interests in the property. By clearly recording ownership shares from the outset, co-owners can reduce the risk of disputes and ensure that any proceeds of sale are distributed in accordance with their agreed arrangement. Further, in this method, if one party dies, their share of the property can be passed according to a will or the rules of intestacy. This would, of course, be a benefit for co-owners who are not romantic partners. This is also preferred by people with children from previous relationships, to help prevent them from missing out on inheritance.

It is also worth noting that if a married couple own a property as tenants in common in unequal shares or joint tenants, this does not automatically confirm how the equity is split in the event of divorce. Family Courts have the power to override these shares and divide matrimonial assets as required and so it would be advisable to take advice from a Family Solicitor aswell in this regard.

Deciding which is best

Of course, all situations are different, but it is important to be informed when making your decision and to understand the risks and how each method works. It is also important to note that if you change your mind about being joint tenants, you can sever the tenancy at any time and switch to being tenants in common. It is also possible for tenants in common to become joint tenants. However, it is important to decide early how you wish to own the property to avoid any disputes later.

How Can Clapham & Collinge help?

Deciding how to own a property is a critical step in your home-buying journey, and Clapham & Collinge can provide the expert legal guidance you need to protect your investment. Contact the team today on:

Offices:

Norwich — 01603 693500

Sheringham — 01263 823398

North Walsham — 01692 660230

Email: enquiries@clapham-collinge.co.uk

This article was written by Rosemarie Howes, one of our 2026 Vacation Scheme students and professionally reviewed by Elizabeth Gibson, our Associate and Conveyancer at Clapham & Collinge Solicitors.

The information in this article is for general guidance only and should not be treated as legal advice. It is not a substitute for obtaining advice tailored to your circumstances. While we aim to ensure accuracy at the time of publication, laws and guidance may change. Clapham & Collinge LLP accepts no liability for any loss arising from reliance on this content. For personalised advice, please contact our client relations team to book an appointment.