buying

Tenants in common vs joint tenants: what changes when you buy, sell or separate

The difference between tenants in common and joint tenants, how to check which you are, how to change, and what it means when one owner dies or you sell.

6 min read
Last reviewed 16 October 2026
By Your Property Check team

Part 1 of 8

Tenants in common vs joint tenants: the two ways of owning a home together

When two or more people buy a property, they choose how they hold it. In England and Wales there are two options, and the choice is recorded when the property is registered with HM Land Registry. GOV.UK explains that the type of ownership affects what you can do with the property if your relationship with a joint owner breaks down, or if one owner dies.

The choice is about the beneficial ownership, meaning who really owns what. It is separate from whose names are on the register. Everyone named as an owner on the register is a registered owner either way.

Part 2 of 8

Side by side

	Joint tenants	Tenants in common
Shares	Equal rights to the whole property	Can own different shares
If an owner dies	The property goes automatically to the other owners	The share does not go automatically to the others
Leaving it in a will	You cannot pass on your ownership in your will	You can pass on your share in your will

These three points come from GOV.UK's guide to joint property ownership. The HM Land Registry blog adds that joint tenants have no specific "share" of their own, whereas tenants in common each own a specified share, which may or may not be equal.

Part 3 of 8

How to find out which one you have

Do not assume. GOV.UK says you can find out by checking documents such as the property transfer, the lease, or a trust deed (also called a declaration of trust, a document stating each owner's share).

The register itself will not use the words "tenants in common". HM Land Registry's blog says to look for a restriction instead. This is a Form A restriction, and it reads: "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court."

Two cautions from the same blog:

A Form A restriction can also be entered by default if the transfer form did not clearly state the choice, so seeing one does not always mean tenants in common.
The choice is made in a panel of the transfer form (TR1), so check it before you sign.

GOV.UK adds that your type of ownership can sometimes change without your knowledge, for example if one of the other owners goes bankrupt. If you are unsure, a solicitor or conveyancer can check.

Part 4 of 8

Which suits which situation

This is not advice on which to pick, because the right answer depends on your circumstances and a solicitor should confirm it. GOV.UK gives two examples of why people switch:

Joint tenants may change to tenants in common after a divorce or separation, if they want to leave their share to someone else.
Tenants in common may change to joint tenants, for example on marriage, to have equal rights to the whole property.

If owners put in unequal amounts and want that recorded, a trust deed is the document that states each owner's share. A solicitor can draw one up.

Part 5 of 8

Changing from joint tenants to tenants in common

GOV.UK calls this "severance of joint tenancy". It says you can make the change without the other owners' agreement. The steps are:

Serve a written notice of the change (a notice of severance) on the other owners. A conveyancer can help.
Fill in form SEV to register a Form A restriction. If you cannot provide any of the severance evidence options in form SEV, use form RX1 instead.
Prepare the supporting documents, ideally the notice signed by all the owners. If you cannot get every signature, GOV.UK says you can send a letter certifying that you gave the notice to the owners, left it at their last known UK address, or sent it by registered post or recorded delivery and it was not returned.
Send it to HM Land Registry's Citizen Centre. GOV.UK says there is no fee.

If all the owners agree, the same form SEV route applies. Going the other way, from tenants in common to joint tenants, needs the agreement of all the other owners and a new or updated trust deed.

Part 6 of 8

What happens when an owner dies

For joint tenants, the property goes to the survivors. HM Land Registry's practice guide 6 says that on the death of a joint proprietor the legal estate vests in the survivor or survivors, and that the dead owner's personal representatives have no power to deal with it. To take the name off the register, the survivor sends a death certificate with form DJP.

For tenants in common, the dead owner's share is part of their estate, so it follows their will or the intestacy rules. Our guide to selling an inherited property covers what happens next.

A point sellers should know: practice guide 6 says that if a Form A restriction is on the register, a sale by a sole surviving owner will be caught by it. Where the land continues to be held on trust, a second trustee should be appointed to act with the survivor, and that can be the personal representative of the person who died. Your conveyancer will deal with this, but it is worth raising early because it can slow a sale.

Part 7 of 8

Selling a jointly owned home

All the registered owners normally have to be involved in the sale. HM Land Registry's blog says it is much more difficult to sell without the agreement of all joint tenants.

Common problems and where the official guidance points:

An owner has lost mental capacity. GOV.UK says you must apply to the Court of Protection if you want to sell the property.
An owner will not agree to sell. Under section 14 of the Trusts of Land and Appointment of Trustees Act 1996, a trustee of land, or anyone with an interest in property held on trust, can apply to the court for an order. The court can make whatever order relating to the trustees' functions it thinks fit. It is a legal process with costs and no certain result, so take advice from a solicitor first.
You are separating. GOV.UK's guide to money and property when you divorce or separate says that if you and your ex-partner agree how to split things you can ask the court for a consent order to make it legally binding. Who keeps the home, and whether it is transferred or sold, is part of that.
A mortgage is in place. The lender has its own say, and any sale or transfer has to deal with the loan.

Part 8 of 8

Questions to ask your conveyancer

Are we joint tenants or tenants in common, and where is that written down?
Is there a Form A restriction on the register, and why?
Do we need a trust deed to record unequal shares?
If one of us dies or becomes unable to manage their affairs, what would the sale involve?

Our guide to reading a title register shows where the restrictions sit, and you can get the title documents direct from GOV.UK. To see who owns a property you are looking at, read how to find out who owns a property.

Questions, answered

Frequently asked questions

What is the difference between tenants in common and joint tenants?

Joint tenants have equal rights to the whole property and, according to GOV.UK, it goes automatically to the other owners if one dies. Tenants in common can own different shares, and each can leave their share in a will.

Can I change from joint tenants to tenants in common without the other owner agreeing?

GOV.UK says yes. You serve a written notice of severance on the other owners and apply to HM Land Registry for a Form A restriction using form SEV. GOV.UK says there is no fee. A conveyancer can help with the notice.

How do I tell from the Land Registry whether we are joint tenants or tenants in common?

The register does not use those words. HM Land Registry says to look for a Form A restriction, but one can also be entered by default, so check the transfer form, any trust deed, or ask your conveyancer to confirm.

What happens to the property if a joint tenant dies?

It passes to the surviving owners by right of survivorship. HM Land Registry practice guide 6 says the dead owner's personal representatives cannot deal with the legal estate. The survivor applies to remove the name using form DJP.

Can I sell if the other owner will not agree?

Not simply by yourself. Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 lets a trustee or a person with an interest apply to the court for an order. It is a legal process, so take advice from a solicitor first.

Where this comes from

Sources

Last reviewed 16 October 2026 by the Your Property Check team. This page is general information, not legal, tax or financial advice. For your own situation, speak to a conveyancing solicitor or another qualified professional.