Tenants in Common vs Joint Tenants: A first-time buyer’s guide
Buying your first home is an exciting milestone, but it can also feel overwhelming.
Alongside finding the right property, securing a mortgage, and handling the legal paperwork, you’ll also face a decision you might not have expected: how you want to own your home if you’re buying with someone else.
In the UK, there are two main ways to jointly own property — as joint tenants or as tenants in common. While the names sound similar, the legal implications are quite different, and the choice you make will affect what happens if you sell the property, if one of you wants to move on, or even if one of you passes away.
This guide is designed to help first-time buyers understand the difference between the two options, so you can make an informed choice that fits your circumstances.
Understanding joint ownership in the UK
When more than one person buys a property together, the legal ownership has to be set out at the time of purchase. This doesn’t change who lives there day-to-day, but it does determine how the property is legally divided, how much each person owns, and what happens to that ownership in the future.
The two most common types of joint ownership in England and Wales are joint tenancy and tenancy in common.
Scotland has slightly different terminology and rules, but for most first-time buyers in England and Wales, these are the two options you’ll need to understand before you sign on the dotted line.
What does it mean to be joint tenants?
If you and your co-buyer choose to become joint tenants, you’ll both own the entire property together, rather than each of you holding a defined share. In simple terms, you are treated as one single legal owner, even though there are two (or more) of you involved.
One of the most important aspects of joint tenancy is the Right of Survivorship. This means that if one of you passes away, the other automatically inherits the whole property, regardless of what might be written in a will. The ownership cannot be left to someone else - it goes straight to the surviving joint tenant.
This setup is particularly popular with married couples or long-term partners who want the reassurance that their home will automatically pass to the surviving partner without complications.
However, it’s less flexible than other options. If you’re contributing unequal amounts to the purchase, or if you’d prefer to have the option of leaving your share to another person (such as children from a previous relationship), joint tenancy may not be the right fit.
What does it mean to be tenants in common?
Opting to become tenants in common is very different. Instead of both owning the property equally, each person owns a specific share of it. These shares can be split evenly - for example, 50/50 if there are two owners, or unequally, such as 60/40, depending on how much each person contributes to the purchase.
The key difference here is that there is no automatic Right of Survivorship. If one owner passes away, their share does not automatically transfer to the other. Instead, it passes according to their will (or under intestacy rules if there is no will).
This makes tenants in common a more flexible option for people who want their share of the property to go to someone other than the co-owner, such as children, siblings, or other beneficiaries.
Tenancy in common is often chosen when friends buy a property together, or when family members invest in a property with different levels of financial contribution. It provides flexibility but also requires careful planning.
For example, it’s highly recommended that tenants in common set up a Declaration of Trust, which clearly sets out the ownership split and how things will be handled if the property is sold.
Joint tenants vs tenants in common: The key differences simplified
To make the distinctions clearer, here’s a simple comparison:
Feature | Joint Tenants | Tenants in Common |
Ownership | You both own the whole property equally | You each own a defined share (equal or unequal) |
Inheritance | The property automatically passes to the other owner | Your share passes according to your will (or intestacy) |
Flexibility | Less flexible, always equal shares | Flexible, can match financial contributions |
Selling | Both must agree to sell | You can sell your share independently (though this can be complicated) |
Typical Buyers | Couples, long-term partners | Friends, family members, or buyers with unequal contributions |
How to decide which option is right for you
For first-time buyers, choosing between these two ownership options often comes down to your relationship with the person you’re buying with, your financial situation, and your long-term plans.
If you’re a couple making equal contributions and want everything to pass directly to your partner if something happens to you, then joint tenancy may be the simplest and most reassuring choice.
On the other hand, if you’re buying with a friend, sibling, or even a partner but are contributing unequal deposits, tenants in common allows you to reflect those contributions fairly. It also gives you the flexibility to decide where your share of the property should go in the future.
Here are two common scenarios to illustrate:
Couples buying their first home together: Joint tenancy provides simplicity and security, as the surviving partner automatically inherits the home.
Friends pooling resources to get on the property ladder: Tenants in common allows them to protect their individual contributions and plan their own inheritance wishes.
How do you set up joint ownership?
This choice is made during the conveyancing process, with the help of your solicitor or conveyancer. If you choose tenants in common, your solicitor may also recommend drawing up a Declaration of Trust, which records how much each person owns and what happens if one of you decides to sell.
It’s also vital that tenants in common make a will to ensure their share of the property passes according to their wishes. Without a will, the law of intestacy applies, which may not reflect what you actually want to happen.
Frequently asked questions
Can we change from joint tenants to tenants in common later?
Yes. This process is known as “severing a joint tenancy” and involves some legal paperwork, but it is possible.
Can more than two people own a property?
Yes, up to four people can be listed as legal owners, either as joint tenants or tenants in common.
What happens if one tenant in common wants to sell?
This can be tricky. If one owner wants to sell but the others don’t, they can apply to the court for an order of sale. This is another reason why clear agreements at the outset are important.
Do tenants in common need a will?
Absolutely. Without one, your share of the property may not go to the person you would want.