The Two Ways to Own Property Jointly
Joint tenants: Both owners hold the entire property together. When one dies, the other automatically becomes sole owner — regardless of what the will says. Simple, but inflexible.
Tenants in common: Each owner holds a distinct share. When one dies, their share passes according to their will. This gives you control over where your share goes.
Why It Matters
If you are joint tenants, your will does not control the property. This can mean:
- Your share passes to your spouse, who remarries — your children may inherit nothing
- The full property value may be assessable for care fees
- Your nil-rate band may be wasted because the property bypasses your estate
The Fix
Changing from joint tenants to tenants in common is called severance. It is quick, inexpensive, and does not trigger any tax. Combined with a protective trust in your will, it lets the surviving spouse stay in the home while preserving your share for your children.
Check What You Have
Look at your Land Registry title or ask your solicitor. If there is a Form A restriction, you are tenants in common. If not, you are joint tenants — and your will may not be doing what you think.