Can one owner change from Joint Tenants to Tenants in Common without the other's consent?

Yes. This is called Severance of Joint Tenancy. You can serve a Notice of Severance on the other owner, and then apply to the Land Registry using Form SEV. You do not need the other person's permission to do this, as it is a right of any joint owner to protect their share.

What is a Form A Restriction?

A Form A Restriction is an entry on the Land Registry title that indicates the property is held as Tenants in Common. It alerts any future buyer or solicitor that a sole surviving owner cannot sell the property alone without appointing a second trustee to receive the capital money.

Do we need a new Deed of Trust if we move house?

Yes. A Deed of Trust is specific to the property title it is registered against. When you sell and purchase a new home, you must finalise a new deed to reflect your equity in the new property.

How does Bankruptcy affect Joint Tenancy?

If a joint owner is made bankrupt, the Joint Tenancy is severed automatically. The bankrupt person's share (usually 50%) becomes an asset available to the Trustee in Bankruptcy to pay off creditors.

Joint Tenants vs Tenants in Common: Which is best for you?

by:

Andrew Boast

Last Updated: 11/04/2026

Read by:

10,467

6 min read

Choosing how to own property with another person is a critical legal decision that dictates your financial security and inheritance rights. Whether you are buying as a married couple, with a partner, or as an investor, you must choose between becoming joint tenants or tenants in common.

This choice determines what happens to your share of the property if you die, how you divide the proceeds if you separate, and whether you can protect an unequal deposit. This guide compares both structures to help you finalise the best arrangement for your specific circumstances, and the implications of changing.

In this article

Differences between joint tenants and tenants in common

The legal title is always held as joint tenants, but the equitable interest, also called the beneficial interest, can be held as joint tenants or tenants in common, and these are the differences.

Feature	Joint Tenants	Tenants In Common
Feature Ownership	Joint Tenants You both own 100% of the property together.	Tenants In Common Each person owns a specific share (e.g., 50%/50% or 70%/30%).
Feature Survivorship	Joint Tenants Automatically passes to the other owner on death.	Tenants In Common Passes to whoever is named in your Will or lines of intestacy.
Feature Control	Joint Tenants Cannot assign your beneficial interest to anyone, including the other legal owner.	Tenants In Common Can act independently regarding your specific share.
Feature Better suited towards	Joint Tenants Married couples protected by Family Law.	Tenants In Common Unmarried couples, family, friends and investors.

Change to Tenants in Common Today

Whether for tax planning or divorce/separation.
Deeds drafted within 2 working days(1).
Applications made digitally to the Land Registry within 5 working days(2).
Fixed Fee of £559 INC VAT for a deed and a severance, or £260 INC VAT for just the severance.

Instruct Now

A man with a pencil changing the course of his title ownership with a diverting arrow

When do you choose the ownership?

You choose the ownership structure when you originally purchased the property together, or when you added them to the title. A Form TR1 is predominantly used for land transfer, and in section 10, you declare how you hold the beneficial interest.

Box 10 - TR1 Form

Declaration of trust. The transferee is more than one person and:

they are to hold the property on trust for themselves as joint tenants
they are to hold the property on trust for themselves as tenants in common in equal shares
they are to hold the property on trust...in unequal shares

The TR1 Form is a Land Registry deed and is written in stone, and is evidence of what the owners agreed to. This is why most owners get a deed of trust because they want to state more than just what the TR1 asks in Box 10.

Can you change your title ownership?

You can change from Joint Tenants to Tenants in common for free at any time you like; however, it is harder to change to joint tenants.

Does changing ownership trigger stamp duty?

No, you can change your ownership without triggering a stamp duty liability. You will only become liable for stamp duty if you transfer any of the beneficial interest between you. Here is a more detailed article on Stamp Duty on Transfer of Property Between Spouses.

Get a Notice of Severance Template

Download our notice of severance template in PDF or Word format, free from hassle.

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Suitable format to submit your notice of severance.

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What are the Pros & Cons of each type?

The pros and cons of each ownership structure vary depending on your circumstances and relationship. Whilst this is a guide, your relationship may suit a non-typical ownership.

The Pros and Cons of Beneficial Joint Tenancy

The Pros and Cons of Tenants in Common

Pros

Right of Survivorship for ease and security post-death.

Pros

On your death, your share passes to your beneficiaries in your will.
You can share rental income in a tax-efficient way.
You can reduce your inheritance tax liability.

Cons

Right of Survivorship means your property could go to your partner after you've divorced.
You share the property equally, regardless of how much you pay towards the mortgage.

Cons

If you don't have a deed, you may struggle to prove how much you own.
If you die, the surviving owner may need to sell the property to distribute the deceased's share.

Decision Matrix: Married vs Unmarried vs Investors

The relationship of the joint owners dictates how you should own the property, and this is a breakdown of why and things you should consider.

Relationship of Owners	Recommended Ownership	Primary Reason	Key Requirement
Relationship of Owners Married Couple	Recommended Ownership Joint Tenant	Primary Reason Simplifies inheritance via the Right of Survivorship; property passes automatically without probate.	Key Requirement A valid Will is still advised for the surviving partner.
Relationship of Owners Un-Married Couple	Recommended Ownership Tenants in Common	Primary Reason Protects individual deposits and ensures assets pass to chosen heirs rather than automatically to a partner.	Key Requirement Deed of Trust to define shares and an exit strategy.
Relationship of Owners Buy-to-Let Investors	Recommended Ownership Tenants in Common	Primary Reason Allows for unequal split of rental income for tax efficiency (via HMRC Form 17).	Key Requirement Deed of Trust to confirm beneficial interest for tax purposes.
Relationship of Owners Friends/Family Buying Together	Recommended Ownership Tenants in Common	Primary Reason Ensures each party’s financial contribution is legally ring-fenced if the relationship changes.	Key Requirement Floating Deed of Trust if contributions to the mortgage change over time.

Expert Tip - The top considerations for choosing your title ownership

Inheritance: As joint tenants, you cannot leave your share of the property to anyone else in your Will; it always goes to the co-owner. As tenants in common, you have full control over who inherits your share.
The "Exit Strategy": It is significantly easier to manage a separation or a "buy-out" as tenants in common because your specific financial stake is already documented.
Legal Protections: If you are not married, the law provides very little "automatic" protection. Moving forward as tenants in common with a Deed of Trust is the most robust way to handle enquiries regarding your equity.

Andrew Boast FMAAT

CEO of SAM Conveyancing

Frequently Asked Questions About Joint Tenants vs Tenants in Common

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Written by: Andrew Boast

Andrew started his career in 2000 working within conveyancing solicitor firms and grew hands-on knowledge of a wide variety of conveyancing challenges and solutions. After helping in excess of 50,000 clients in his career, he uses all this experience within his article writing for SAM, mainstream media and his self published book How to Buy a House Without Killing Anyone.

Reviewed by: Caragh Bailey

Caragh has written extensively for SAM with expertise on sale and purchase conveyancing, the Help to Buy redemption process, equity transfers and deeds, leasehold reform, RICS home surveys, shared ownership, and independent legal advice for specialist mortgage products and ownership structures.

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