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Joint Tenants

Also known as: Joint Tenancy, Joint Ownership

Definition

Joint tenants are property co-owners who own the whole property together with equal rights and automatic right of survivorship, meaning the surviving owner(s) automatically inherit when one owner dies.

Understanding joint tenancy is essential because it determines whether you can leave your property share in your will and who inherits when you die.

What Does Joint Tenancy Mean?

Joint tenancy is one of two main forms of property co-ownership in England and Wales, governed by the Law of Property Act 1925. Under Section 36, each joint tenant owns 100% of the property together—there are no separate identifiable shares. This differs fundamentally from tenants in common, where each owner holds a specific share (such as 50% or 25%) that they control individually. Joint tenants must have acquired their interest at the same time, by the same deed, with equal rights to possess the entire property.

The defining feature of joint tenancy is the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving owner(s) by operation of law. This transfer happens immediately and bypasses both the deceased's will and the probate process. The property doesn't form part of the deceased's estate—survivors simply register the death with HM Land Registry using the death certificate. Sarah and David, a married couple, buy their first home as joint tenants for £280,000. When David dies, Sarah automatically owns the entire property regardless of what David's will says or that Sarah contributed £40,000 to the deposit while David contributed only £10,000. The property transfers to Sarah without probate.

Joint tenancy has significant implications for estate planning, particularly for unmarried couples and blended families. Emma and James, unmarried partners, own their flat as joint tenants. James has two children from a previous relationship and assumes he can leave his property share to them in his will. However, when James dies, Emma automatically inherits his entire share through right of survivorship—James cannot leave his share to his children because joint tenants don't have separate shares to distribute. To protect his children's inheritance, James would need to sever the joint tenancy and convert to tenants in common, then update his will to leave his 50% share to his children. This means Emma would co-own the property with James's children after his death, potentially requiring her to buy out their shares or sell the property.

Common Questions

"What happens to jointly owned property when one owner dies?" When property is owned as joint tenants, the surviving owner automatically inherits the deceased's share through the right of survivorship. This happens by operation of law, regardless of what the deceased's will says. The property does not form part of the deceased's estate and passes directly to the surviving joint tenant(s).

"Can I leave my share of a jointly owned property in my will?" No, if you own property as joint tenants, you cannot leave your share to anyone in your will. The right of survivorship means your share automatically passes to the surviving joint tenant(s) when you die. To leave your share to someone else, you must first sever the joint tenancy and convert to tenants in common.

"What's the difference between joint tenants and tenants in common?" Joint tenants own the whole property together with equal rights and the right of survivorship. Tenants in common each own a specific share (which can be unequal) that they can leave in their will. Joint tenants cannot pass their share through a will, while tenants in common can distribute their share to anyone they choose.

Common Misconceptions

Myth: "Joint tenancy is only for married couples—unmarried couples should always use tenants in common."

Reality: Joint tenancy is available to any co-owners, including unmarried couples, family members, or business partners. However, unmarried couples should carefully consider whether joint tenancy is appropriate for their situation, especially if they have children from previous relationships or have made unequal financial contributions, as they lack the automatic inheritance protections that marriage provides.

Myth: "I contributed £40,000 to the deposit and my partner contributed £10,000, so I'll get 80% of the sale proceeds because I paid more."

Reality: If you own property as joint tenants, you each have equal rights to the whole property, and sale proceeds are split equally (50/50) regardless of unequal contributions to the purchase price or mortgage payments. Your larger financial contribution is not legally recognized unless you have a Declaration of Trust documenting otherwise or convert to tenants in common with specified shares.

  • Tenants in Common: The alternative ownership structure where each owner holds a specific share that they can leave in their will, unlike joint tenants who own the whole property together.
  • Right of Survivorship: The automatic transfer mechanism that passes a joint tenant's interest to surviving owners when one dies, bypassing the will entirely.
  • Severance of Tenancy: The process of converting from joint tenants to tenants in common using Form SEV, allowing you to leave your share in your will.
  • Property Ownership: The broader category of legal rights to real estate, of which joint tenancy is one specific form.
  • Unmarried Couples: Partners who lack automatic inheritance rights under intestacy law and must carefully consider whether joint tenancy or tenants in common better protects their interests.

Need Help with Your Will?

Understanding how joint tenancy affects your property is crucial for effective estate planning. If you own property as joint tenants, you cannot leave your share in your will—but you still need a will for other assets, appointing guardians, and naming executors.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.