Most people who own a house with a partner assume the same thing: “if I die, my share automatically goes to them.” That's often true, but not always. There are actually two very different ways to own a property jointly in England and Wales, and only one of them passes automatically. Getting this wrong is one of the most common surprises during probate.
Two ways to own a property jointly
When two or more people own a property together, they either own it as joint tenants or as tenants in common. Both are types of joint ownership, but they behave completely differently on death.
| Joint tenants | Tenants in common | |
|---|---|---|
| Who owns what | Everyone owns the whole property together, no defined shares | Each owner has a set share (e.g. 50/50, 70/30) |
| What happens on death | Your share passes automatically to the surviving co-owner(s) | Your share passes under your Will (or intestacy if none) |
| Does the Will apply? | No. Your Will has no effect on the property | Yes. The Will decides who inherits your share |
| Is probate needed? | No, for the property itself | Yes, for the deceased's share to be transferred |
| Most common for | Married couples buying together | Unmarried couples, blended families, business partners |
If you're joint tenants
When one joint tenant dies, the process is straightforward:
- Your share passes immediately to the surviving co-owner by right of survivorship. There is no waiting period.
- The surviving owner notifies the Land Registry by submitting form DJP (Deceased Joint Proprietor) with a copy of the death certificate. This is free and takes about 15 minutes.
- The property is then held by the surviving owner alone (or with any other remaining co-owners).
- No probate is needed for the property, and no Inheritance Tax is triggered on spouse-to-spouse transfers.
You do not need a Will for the property to pass this way. The right of survivorship overrides whatever the Will says.
If you're tenants in common
This is where it gets more involved. When one tenant in common dies:
- Your share does not automatically pass to your co-owner.
- Your share passes under your Will, or under the intestacy rules if you have no Will.
- Probate is usually required before the share can be transferred to whoever inherits it.
- The surviving co-owner keeps their own share, but does not inherit yours by default.
- The co-owner cannot sell the whole property without either the beneficiary's consent or a court order.
How to find out which you have
Option 1: Land Registry title check
- Visit gov.uk/search-property-information-land-registry
- Enter your property address.
- Pay £3 for the Title Register document.
- Look at Section B (the Proprietorship Register). If it contains a restriction starting “no disposition by a sole proprietor of the registered estate…” you are tenants in common. If there is no such restriction, you are almost certainly joint tenants.
Option 2: Ask us
Any solicitor will check this for you during a free initial call. We do it as standard for anyone who's unsure.
The other giveaway
When you bought the house, did the conveyancer explicitly ask which arrangement you wanted, and did you sign a form choosing tenants in common? If yes, you're tenants in common. If they didn't ask, or you can't remember, you're most likely joint tenants by default.
Common surprises we see
“We're joint tenants but we want different shares to go to our own children”
Joint tenancy doesn't let you leave your share to anyone but the co-owner. If you and your partner have children from previous relationships and you each want your own share to eventually go to your own children, you need to be tenants in common with a properly drafted Will.
“We've been together 20 years but never married. Are we joint tenants?”
Only if you specifically set it up that way. If not, one of you dying could mean the surviving partner has no automatic inheritance, regardless of how long you've been together. This is one of the most common causes of financial hardship for unmarried couples on bereavement.
“My spouse died. Do I have to go through probate for the house?”
Joint tenants: no. Tenants in common: yes, for their share.
“I want to change from joint tenants to tenants in common. Can I?”
Yes. It's called severing the joint tenancy. Any co-owner can do it unilaterally by giving written notice to the others and filing form SEV with the Land Registry. Costs about £40 to file, plus a solicitor's fee of around £150 if you'd like it done properly. Common reasons include divorce planning, business partnership breakdowns, or protecting inheritance for children from a previous relationship.
“We were tenants in common but now we want to be joint tenants”
Trickier. It requires all co-owners to agree and file a new transfer deed. A solicitor is essential for this.
What to do next
If someone has recently died
- Find out how the property is held (Land Registry check takes 24 hours).
- If joint tenants, file the DJP form with a copy of the death certificate. No probate is needed for the property.
- If tenants in common, the estate needs probate to transfer the deceased's share. This is where a solicitor is most useful.
If you're planning ahead
- Check how your property is currently held.
- Consider whether that arrangement still fits your circumstances (blended family, unmarried, business partnership).
- Change it if it doesn't, by severing the joint tenancy or updating your Will (usually both).
Frequently asked questions
Not sure how your property is held?
We can check the Land Registry for you free of charge and explain your options in plain English, in person or over the phone. No obligation, no pressure.