By Sital Somaiya, Founder and Solicitor. Last reviewed 15 October 2026.
Key points
- As joint tenants, you own the whole property together. If one of you dies, the other automatically owns all of it, whatever a will says.
- As tenants in common, you each own a share, which can be unequal, and your share passes under your will.
- Joint tenancy can be risky for unmarried couples who separate, because the right of survivorship carries on until it is ended.
- You can change from joint tenants to tenants in common by severing the joint tenancy with a written notice.
When you bought your home together, the conveyancer probably asked whether you wanted to be joint tenants or tenants in common. Many couples tick a box without knowing what it means. For unmarried couples especially, it can decide who gets the house if one of you dies, and it affects where you start if you separate.
In this guide
- The difference at a glance
- Why it matters so much for unmarried couples
- The separation trap
- How to check which you are
- How to sever a joint tenancy
- What severing does and does not do
- Choosing when you buy
- Frequently asked questions
- Talk to us
The difference at a glance
| Joint tenants | Tenants in common | |
|---|---|---|
| Ownership | You own the whole property together, with no separate shares | You each own a distinct share, which can be equal or unequal |
| If one of you dies | The survivor automatically owns everything | The share passes under the will, or the intestacy rules if there is no will |
| Can you leave your share in a will? | No, survivorship overrides the will | Yes |
| If you separate | Starting point is equal shares | Shares as recorded, if they were recorded |
| Shown at HM Land Registry? | No restriction on the title | Usually a Form A restriction on the title |
| Can it be changed? | Yes, by severance | Yes, by agreement and a new declaration |
Why it matters so much for unmarried couples
Married couples have a safety net if one dies without a will: the surviving spouse inherits under the intestacy rules. Unmarried partners have none. If you are tenants in common and you die without a will, your share goes to your relatives, not your partner, who would then have to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. See our guide to what happens without a will.
Joint tenancy avoids that, because the survivor takes everything automatically. That is why some couples choose it. The risk comes when the relationship ends.
The separation trap
Survivorship does not stop when you separate. If you split up but are still joint tenants, and you die before the house is sorted out, your ex-partner automatically owns the whole property. Your children, your new partner and your will all get nothing from the house.
For that reason, if you separate and you are joint tenants, severing the joint tenancy is usually one of the first things to consider. It does not change the starting point for your shares if you are later in dispute, but it stops your ex inheriting your share if you die in the meantime.
How to check which you are
- Download the title register for your property from HM Land Registry.
- Look in the proprietorship register (section B) for a restriction that begins “No disposition by a sole proprietor of the registered estate…”. This is a Form A restriction, and it usually means you are tenants in common.
- If there is no restriction, you are probably joint tenants, though a separate declaration of trust may exist.
- Check your purchase file. The transfer (TR1) and any declaration of trust prepared by your conveyancer will show what you chose.
The title register does not show the size of each share. That is recorded, if at all, in a declaration of trust or in the transfer.
How to sever a joint tenancy
You do not need your partner’s agreement to sever. The most common way is to give them written notice.
| Step | What to do |
|---|---|
| 1. Prepare a notice of severance | A short signed document saying you wish to sever the joint tenancy and hold as tenants in common from now on |
| 2. Serve it on the other owner | Hand it to them or send it to their last known address. Keep proof of sending. |
| 3. Register it at HM Land Registry | Apply using form SEV, so a Form A restriction is added to the title |
| 4. Update your will | Make a new will so your share goes where you want it |
A notice is effective once it is delivered, even if your partner never reads it. In Kinch v Bullard (1999), a wife posted a notice to her husband, then changed her mind after he fell ill and destroyed it when it arrived. The court held the joint tenancy had already been severed on delivery. Severance can also happen by mutual agreement or by a course of dealing showing you both treated your shares as separate.
What severing does and does not do
- It does end survivorship, so each share passes under a will or intestacy.
- It does not fix unequal shares. Severing a joint tenancy normally leaves you as tenants in common in equal shares, unless there is evidence otherwise.
- It does not stop a TOLATA claim by either of you about the shares or a sale.
- It does not change the mortgage. You both remain liable to the lender.
Choosing when you buy
If you are buying together, decide deliberately. Joint tenancy can suit a couple contributing equally who want the survivor to keep the home. Tenancy in common suits couples contributing unequally, people with children from earlier relationships, and anyone who wants to leave their share to someone else. Either way, unmarried couples should make wills and consider a cohabitation agreement. Our conveyancing team can set this up when you buy.
An example
Joe and Sarah bought a house in Upminster as joint tenants in 2019. They separated in March this year and Joe moved out. Neither did anything about the house. In July, Joe died suddenly. His will left everything to his son from an earlier relationship.
Because they were still joint tenants, Sarah automatically owns the whole house. Joe’s will cannot pass any of it to his son. Had Joe served a notice of severance when they split, half would have gone to his son under the will.
This is an illustrative example, not a real case.
Frequently asked questions
Can I sever a joint tenancy without my partner’s consent?
Yes. You can serve a written notice of severance on them, and it takes effect when delivered. You do not need them to sign or agree.
Does severing change the shares to 50/50?
Usually it leaves you as tenants in common in equal shares. If you contributed unequally and want different shares recorded, you need a declaration of trust or, if you cannot agree, a court decision.
We are tenants in common. Do we still need wills?
Yes, especially if you are not married. Without a will, your share goes to your relatives under the intestacy rules, not to your partner.
Does it matter which we are if we separate?
It affects the starting point. Joint tenants start from equal shares. Tenants in common start from whatever shares were recorded. Either can still be argued about in a TOLATA claim if nothing was written down.
Can married couples be tenants in common?
Yes. On divorce the court can divide the property however is fair under the Matrimonial Causes Act 1973, but the choice still matters if one spouse dies before the divorce is finished.
Sources
- Joint property ownership, GOV.UK
- Law of Property Act 1925, section 36, legislation.gov.uk
- Inheritance (Provision for Family and Dependants) Act 1975, legislation.gov.uk
Talk to us
Signature Law advises co-owners on severance, declarations of trust and disputes in Romford, Essex and East London. If you have separated, check your position with our TOLATA checker or speak to our cohabitation solicitors.
Request a callback, or call 01708 398 851.
