Plain-English answer · England and Wales
Joint tenants or tenants in common: what is the difference?
Joint tenants own together and the property automatically passes to the surviving owner or owners on death. Tenants in common each have a separate beneficial share that can pass under their will. Neither option is automatically better for every family.
A £600,000 home example
John and Sarah own a £600,000 home. As beneficial joint tenants, Sarah would normally own the whole property automatically if John died first. As equal tenants in common, John's beneficial £300,000 share could pass under his will while Sarah kept her own share.
What severance changes
HM Land Registry provides a route to apply for a Form A restriction when a joint tenancy is severed. One owner can serve notice without the others agreeing, but correct notice and evidence matter. Severance changes the route by which the beneficial share can pass. It does not write a will or create a life-interest trust.
Questions to settle at the same time
The ownership decision needs to fit the wider plan.
- What shares do the owners intend to hold?
- Is a declaration of trust needed?
- What does each will say?
- How could a survivor remain in the home?
- Are there mortgage, relationship or tax issues?
Official sources
Use these to check the current official position before acting.
This page provides general information only. It is not legal, tax, financial, pension or care-funding advice. Obtain independent advice from appropriately qualified professionals before acting.