The two ways to own property jointly
In England & Wales there are two forms of co-ownership, and they behave completely differently on death:
- Joint tenants — you own the whole property together. When one owner dies, their interest passes automatically to the surviving owner by “survivorship”, outside your will and without probate. Your will cannot override this.
- Tenants in common — you each own a distinct share (often 50/50, but it can be unequal). Your share passes under your will — or, if you have no will, under the intestacy rules to your blood relatives, not automatically to your co-owner.
Your HM Land Registry title shows whether you own as joint tenants or tenants in common. Many couples aren't sure — and it changes everything about what your will can do.
What can go wrong
- As tenants in common with no will, your share can pass to relatives instead of your partner — an unmarried partner inherits nothing automatically.
- As joint tenants, the home passes to the survivor even if you intended your share to go to your children — your will can't change that unless you sever the joint tenancy.
- Assuming “it'll just pass to them” without checking the ownership type leaves families with nasty surprises.
How ClearLegacy helps
Our guided will asks how you own your home and helps you record your wishes for your share accordingly. For most couples that means leaving your share to each other and then to your children — with the option to sever a joint tenancy if you want your share to pass under your will instead.
- Record who inherits your share of the property.
- Provide for a partner who would otherwise inherit nothing.
- Appoint executors to handle the property.
- Delivered within 24 hours, legally valid in England & Wales.
Make sure your home passes the way you intend
Fixed price, legally valid in England & Wales, delivered within 24 hours.
Make my will — £69FAQs
Does my will control jointly owned property?
Only if you own as tenants in common — then your share passes under your will. If you own as joint tenants, the property passes automatically to the surviving owner by survivorship, outside your will, and your will cannot change that unless you first sever the joint tenancy.
How do I find out if I'm a joint tenant or tenant in common?
Your HM Land Registry title register shows it (a 'Form A restriction' usually indicates tenants in common). If you're unsure, you can check your title or ask a conveyancer.
Can I leave my share of the house to my children instead of my partner?
Yes, if you own as tenants in common — your share passes under your will. If you're joint tenants and want this, you'd sever the joint tenancy to become tenants in common first, then leave your share as you wish in your will.