At a Glance

Tenants in Common is a way for two or more people to own a property together while each person owns a separate share. Unlike Joint Tenants, your share does not automatically pass to the other owner when you die and can instead pass under your Will. This gives homeowners greater control over who inherits their share and can be particularly important when planning to protect an inheritance for children or other beneficiaries.

What Does Tenants in Common Mean?

Direct Answer: Tenants in Common means that two or more people own a property together, but each person owns a separate share. Unlike Joint Tenants, a person's share does not automatically pass to the other owner when they die. Instead, that share can pass under their Will or, if they die without a valid Will, under the rules of intestacy.

The ownership shares do not have to be equal. For example, two people could own a property 50/50, 60/40 or in another agreed proportion. Each owner's share is legally distinct, even though they own the property together.

This can be particularly important for estate planning because a Tenant in Common can leave their share of the property to chosen beneficiaries through their Will. For couples who want greater control over who ultimately inherits their share of the family home, Tenants in Common can therefore provide more flexibility than Joint Tenancy.

Tenants in Common vs Joint Tenants

Direct Answer: The main difference between Tenants in Common and Joint Tenants is what happens to your share of the property when you die. With Joint Tenants, your interest in the property automatically passes to the surviving joint owner through the right of survivorship. With Tenants in Common, you own a separate share that can pass under your Will to the beneficiaries you choose.

Feature	Tenants in Common	Joint Tenants
Ownership	Each owner has a separate share	Owners jointly own the whole property
Shares	Can be equal or unequal	No separate beneficial shares for succession purposes
What happens on death?	The deceased owner's share passes under their Will or intestacy	The property passes automatically to the surviving joint owner
Can you leave your interest in a Will?	Yes	Not while the joint tenancy continues
Estate planning	Allows each owner to plan for their separate share	Survivor automatically becomes the owner

For many couples, the choice between Tenants in Common vs Joint Tenants comes down to what they want to happen to the property after the first death. Joint Tenancy can be straightforward where the intention is for the surviving owner to inherit automatically, whereas Tenants in Common provides greater control over the destination of each owner's share.

Key point: Becoming Tenants in Common does not by itself determine who inherits your share. Your Will is what allows you to specify who should receive that share when you die.

Tenants in Common: Pros and Cons

Direct Answer: The main advantage of Tenants in Common is that each owner has a separate share of the property and can decide who should inherit that share through their Will. The main disadvantages are that ownership and estate planning can be more complex, and the surviving owner does not automatically inherit the deceased owner's share.

Pros of Tenants in Common

Control over your share: Each owner has a separate share of the property that can pass according to their Will.
Greater inheritance flexibility: You can leave your share to children, other family members or other chosen beneficiaries rather than it automatically passing to the co-owner.
Shares can be unequal: Ownership can be structured in different proportions, such as 50/50 or 60/40, where this reflects the owners' intentions and arrangements.
Useful for estate planning: Separate ownership shares can be used alongside carefully drafted Wills and certain Will Trust arrangements.
Suitable for different types of co-owners: Tenants in Common can be used by married couples, unmarried partners, relatives, friends or other people purchasing property together.

Cons of Tenants in Common

No automatic inheritance: When one owner dies, their share does not automatically pass to the surviving co-owner.
A Will becomes particularly important: Without a valid Will, the deceased owner's share will be dealt with under the intestacy rules rather than automatically passing to the person they may have intended.
Ownership can become more complicated: The surviving owner may find themselves owning the property alongside the deceased owner's beneficiaries or trustees.
Disagreements can arise: Co-owners may have different views about selling, maintaining or dealing with the property.
Changing ownership requires care: Moving from Joint Tenants to Tenants in Common involves severing the joint tenancy and ensuring the ownership and estate-planning documents work together as intended.

Bottom line: Tenants in Common can provide greater control and flexibility over property inheritance, but it is important to consider the disadvantages as well as the benefits. The right ownership structure depends on your relationship with the other owner, your Will and what you want to happen to your share of the property in the future.

Tenants in Common and Care Home Fees

Direct Answer: Being Tenants in Common does not, by itself, protect a home from care fees. It simply means that each owner has a separate share of the property. However, that separate share can be important for estate planning because it may allow a person's share to pass under their Will rather than automatically passing to the surviving owner.

This distinction matters because changing from Joint Tenants to Tenants in Common does not automatically remove the value of the property from a future local authority financial assessment. The outcome depends on who owns the property, what happens to each owner's share, the terms of any Will or Trust, and the care-funding rules that apply at the time.

Where a couple wants the surviving spouse or partner to remain in the home while preserving the deceased person's share for chosen beneficiaries, Tenants in Common may be used alongside a properly drafted Property Protection Trust Will. In that type of arrangement, the deceased person's share can pass into a Will Trust rather than being left outright to the survivor.

This can provide greater control over what ultimately happens to the deceased person's share of the property, but it should not be presented as a guaranteed way to avoid care fees. Local authority financial assessments are fact-specific, and deliberate deprivation of assets rules may also be relevant in some circumstances.

Key point: Tenants in Common creates separate ownership shares. Whether those shares provide additional inheritance protection depends on the Will or Trust structure used alongside that ownership arrangement.

How to Sever a Joint Tenancy

Direct Answer: To sever a joint tenancy in England and Wales, you usually give the other joint owner written notice of severance and then apply to HM Land Registry to enter a Form A restriction on the title. This changes the beneficial ownership from Joint Tenants to Tenants in Common, allowing each owner to hold a separate share of the property.

Severing a joint tenancy does not change who owns the property or who can live there. It changes the legal structure of the ownership so that each person has a distinct beneficial share rather than the property passing automatically to the survivor through the right of survivorship.

The usual process

Prepare a notice of severance: The joint tenancy is normally severed by serving written notice on the other joint owner.
Complete the Land Registry application: An application can then be made to HM Land Registry to enter a Form A restriction on the title.
Check the title: Once processed, the title register should show the restriction confirming that the property is no longer held solely under the joint tenancy structure.
Review your Will: Severing the joint tenancy does not decide who inherits your share. Your Will should be reviewed so that your share passes in the way you intend.

HM Land Registry provides official guidance on changing from Joint Tenants to Tenants in Common, including the use of Form SEV and the Land Registry process.

Key point: Severing a joint tenancy changes how the property is owned, but it does not replace the need for a valid Will. The ownership structure and your estate-planning documents should work together.

What Happens When One Tenant in Common Dies?

Direct Answer: When one Tenant in Common dies, their share of the property does not automatically pass to the surviving owner. The deceased person's share forms part of their estate and will normally pass according to their Will. If they die without a valid Will, their share will be distributed under the rules of intestacy.

The surviving Tenant in Common continues to own their existing share of the property. For example, if two people own a home as Tenants in Common in equal 50% shares and one dies, the survivor keeps their 50% share. The deceased owner's 50% share is then dealt with as part of their estate.

Does a Tenant in Common's Share Go Through Probate?

The deceased person's beneficial share will normally form part of their estate. Whether a Grant of Probate or Letters of Administration is required will depend on the estate and the circumstances. The surviving legal owner does not simply inherit the deceased person's beneficial share because they jointly own the property.

Who Inherits the Deceased Owner's Share?

If the deceased left a valid Will, their share passes according to the terms of that Will. This could mean leaving the share directly to children or other beneficiaries, or placing it into a Will Trust for their benefit. Couples considering leaving their shares to each other should also understand how Mirror Wills work, particularly because each person's Will remains a separate document and can potentially be changed during their lifetime.

If there is no valid Will, the deceased owner's share is distributed according to the rules of intestacy. This is one reason why having an up-to-date Will is particularly important for people who own property as Tenants in Common.

Key point: Tenants in Common gives you a separate share of the property, but it is your Will that determines who should ultimately inherit that share. The two should therefore be considered together as part of your estate planning.

Tenants in Common and Inheritance Tax

Direct Answer: Owning a property as Tenants in Common does not, by itself, reduce or avoid Inheritance Tax. When one owner dies, the value of their share of the property is normally considered as part of their estate. The amount of Inheritance Tax due will depend on the value of the estate, who inherits, and any exemptions or allowances that apply.

If the deceased person's share passes to a surviving spouse or civil partner, the transfer may qualify for the spouse or civil partner exemption. If the share passes to children or other beneficiaries, the tax position will depend on the value of the estate and the available nil-rate bands and reliefs.

How Is a Tenant in Common's Share Valued?

The deceased owner's beneficial share of the property is included when valuing their estate for Inheritance Tax purposes. The value attributed to that share can depend on the ownership percentage, the property value and the circumstances affecting the share at the date of death.

Does Tenants in Common Save Inheritance Tax?

Not automatically. Tenants in Common is an ownership structure, not an Inheritance Tax exemption. Its main estate-planning advantage is that each owner can control what happens to their separate share through their Will. The tax outcome depends on the beneficiaries, the terms of the Will and the wider estate.

For current thresholds, exemptions and allowances, see the official GOV.UK Inheritance Tax guidance.

Key point: Tenants in Common can give you greater control over who inherits your share of a property, but it should not be treated as an Inheritance Tax avoidance strategy.

Tenants in Common and Property Protection Trust Wills

Direct Answer: Tenants in Common and a Property Protection Trust Will work together in different ways. Tenants in Common creates separate ownership shares in the property, while the Property Protection Trust Will determines what happens to a person's share after they die.

For example, if a couple owns their home as Tenants in Common in equal 50% shares, each person can deal with their own share through their Will. Rather than leaving that share outright to the surviving partner, the Will can place it into a trust for chosen beneficiaries.

The surviving spouse or partner can usually be given the right to continue living in the property, while the deceased person's share remains held under the terms of the trust for the eventual beneficiaries, often their children. This type of arrangement commonly uses a Life Interest Trust to provide for the surviving spouse or partner while preserving the deceased person's share for the beneficiaries named in the Will.

Why Tenants in Common Matters for a Property Protection Trust

If a property is owned as Joint Tenants, the deceased owner's interest normally passes automatically to the surviving owner through the right of survivorship. This can prevent that share from passing under the deceased person's Will.

Holding the property as Tenants in Common allows each owner to have a defined share that can pass under their Will and, where appropriate, into a Property Protection Trust.

For a full explanation of how this structure works, including the role of a Life Interest and the importance of correctly structuring the ownership, read our Property Protection Trust Will guide.

Key point: Tenants in Common is the ownership structure; the Property Protection Trust Will is the estate-planning document that controls what happens to the deceased person's share after death.

Tenants in Common FAQs

Can Tenants in Common Own Unequal Shares?

Yes. Tenants in Common can own a property in equal or unequal shares. For example, two owners could hold 50% each, or the ownership could be divided 60/40, 70/30 or in another agreed proportion. Where unequal contributions or shares are involved, appropriate documentation should clearly record the intended beneficial ownership.

Do Tenants in Common Need a Will?

A Will is particularly important for Tenants in Common because your share does not automatically pass to the surviving co-owner when you die. A valid Will allows you to specify who should inherit your share. Without one, your share will pass according to the rules of intestacy.

Can a Tenant in Common Sell Their Share?

A Tenant in Common has a beneficial interest in the property, but selling or otherwise dealing with a share of a jointly owned home can involve additional legal and practical considerations. If one owner wants to sell and the other does not, professional advice may be required to determine the available options.

Can You Change From Joint Tenants to Tenants in Common?

Yes. A Joint Tenancy can be severed so that the owners instead hold the beneficial interest as Tenants in Common. HM Land Registry can then be asked to enter the appropriate restriction on the property title. Changing the ownership structure should also prompt a review of your Will.

Can You Change From Tenants in Common Back to Joint Tenants?

It may be possible to change the beneficial ownership arrangement back to Joint Tenancy where the owners agree and the appropriate legal requirements are satisfied. Before doing so, consider the effect on your Wills and estate planning because the right of survivorship will apply again.

Does Marriage Change Tenants in Common Ownership?

Marriage does not automatically convert a property held as Tenants in Common into Joint Tenancy. However, marriage can affect estate planning and may affect an existing Will, so your Will and property arrangements should be reviewed when your circumstances change.

How Do I Know if My Property Is Tenants in Common?

The property's title register may contain a Form A restriction indicating that the beneficial ownership is held as Tenants in Common. However, the register does not necessarily tell you the percentage owned by each person. Other documents, such as a Declaration of Trust, may provide evidence of the agreed beneficial shares.

Should You Own Your Home as Tenants in Common?

The right ownership structure depends on your circumstances and what you want to happen to your share of the property in the future. If you are considering Tenants in Common as part of your Will or estate planning, Xwills can help you understand your options and ensure your property ownership and Will work together.

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About the Author

Andrew Walters — Xwills

Andrew Walters is a member of the Society of Will Writers and provides estate planning guidance through Xwills. His work focuses on helping individuals and families understand Wills, Will Trusts, Lasting Powers of Attorney and practical estate planning options in England and Wales.

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Sources & Editorial Information

This guide was last updated in August 2026 and relates to property ownership and estate planning in England and Wales. Information has been checked against official guidance published by GOV.UK and HM Land Registry.

GOV.UK — Joint Property Ownership | GOV.UK — Change to Tenants in Common | GOV.UK — Inheritance Tax

Important: This article provides general information about Tenants in Common, property ownership and estate planning in England and Wales and should not be treated as legal advice for your individual circumstances. Property ownership, tax, care funding and inheritance outcomes depend on individual circumstances. For current official requirements, refer to GOV.UK and HM Land Registry guidance.