Should we purchase a property as joint tenants or tenants in common?

13 May 2026

If you’re buying a house or flat with a partner or someone else, you’ll need to decide how you want to own the property together.

There are two main types of tenancy in the UK:

• Joint tenancy
• Tenants in common

Each option comes with its own set of rights and responsibilities, but the best choice depends on how you want your ownership to work.

Buying a property as joint tenants

Should you select joint tenancy, each participant is equally involved in the ownership.

This arrangement permits up to four individuals to co-own the property, legally recognised as a single unit.

The agreement necessitates a singular mortgage and collective agreement on any sale of the property.

In the event of an owner’s death, ownership automatically transfers to the remaining owners.

Often, the inability to leave your part of the property to someone else in your Will is a preventative factor for many people considering this type of property ownership.

Joint tenancy means that all owners hold the property equally, regardless of how much or how little each person contributes financially.

For example, if one person pays 60 per cent of the purchase price and the other pays 40 per cent, they will still each own an equal share of the property.

So with two owners, you each own half, with three, you each own a third and with four, you each own a quarter.

Buying a home as tenants in common

For those seeking greater flexibility, a tenancy in common arrangement permits each owner to possess an individual share of the property, the size of which is at their discretion.

This model is often favoured by groups of friends investing together and parents assisting their children in purchasing their first home.

While the sale of the property still demands unanimous agreement among the owners, this form of tenancy uniquely allows individuals to leave their portion of the property to chosen beneficiaries in their Will.

Tenants in common agreements allow for unequal investments, enabling each owner to hold a share of the property proportional to their financial contribution, making it an ideal arrangement for parties investing different amounts.

These share sizes can be chosen by the parties involved and need not be proportional to their financial contributions.

What are the main differences between buying as joint tenants versus as tenants in common?

The key differences to be aware of include:

• Division of ownership – Joint tenants share the property equally. Tenants in common, on the other hand, can choose their own ownership split, such as 70/30 or any other proportion.
• Selling – In both tenancy arrangements, you cannot sell the property without the consent of all legal owners. However, the difference lies in how the sale proceeds are divided once the property is sold. Tenants in common will split the funds equally, while tenants in common will divide the money according to each person’s ownership share.
• Inheritance – Joint tenants pass shares automatically to the surviving tenants, whereas tenants in common can pass down their share to their chosen beneficiaries.
• Mortgages – Joint tenants typically have one joint mortgage, as all owners are treated as a single unit. Tenants in common can theoretically have separate mortgages on their individual shares, but UK lenders almost always require one shared mortgage, making separate loans very unlikely.

Is it possible to change the type of ownership you have? 

Marriage, divorce, a break-up or simply a change of heart might prompt a switch to another tenancy agreement.

Transitioning between joint tenancy and tenants in common (and vice versa) is doable.

To initiate the change, you’ll need to file a form with HM Land Registry, stating your intention to either sever the joint tenancy into a tenancy in common or to merge separate shares into a joint tenancy.

This process, known as ‘severance’ or ‘unification,’ requires the agreement of all property owners.

We generally recommend that you do this through an experienced solicitor who can ensure all documents and processes are compliant and as streamlined as possible.

In fact, as with all things in relation to residential property law, we recommend engaging the services of a solicitor to guide you through every aspect of the property buying and selling process.

For more information on the types of tenancy available to you, please get in touch with a member of our team.