Moving in with a partner, friend or relative often means buying a home together. When two or more people buy, the way they hold the property affects what happens on death, separation and sale, and it is usually decided during the purchase, when attention is on the removal date. This article summarises two GOV.UK pages on joint property ownership: the overview, and the page on changing from joint tenants to tenants in common. It applies to property registered with HM Land Registry in England and Wales. Scotland has its own property law, which these pages do not cover, and Northern Ireland registration is separate. It is general information, not legal advice; GOV.UK itself recommends legal advice or a solicitor.
Two ways of owning together
GOV.UK describes two forms of joint ownership:
- Joint tenants: each owner has equal rights to the whole property. When one owner dies, the property automatically passes to the surviving owners, and a person cannot leave their share to someone else in a will.
- Tenants in common: owners can hold different shares of the property. A share does not pass automatically to the other owners on death, and can be left to someone by will.
The difference is easy to overlook at the point of purchase, when a conveyancer may ask how the buyers want to hold the title. Couples who assume that their share “goes to the partner anyway” may be right only if they are joint tenants, and if they are tenants in common the share follows the will or, without a will, the intestacy rules that the GOV.UK pages do not describe.
Which arrangement suits which situation
GOV.UK does not tell people which to choose, but its examples show how the forms work in practice. It says a couple who divorce may switch from joint tenants to tenants in common so that each keeps control over their own portion. In general terms, a joint tenancy suits owners who want the survivor to keep the whole property automatically. tenants in common suits owners with unequal contributions, or those who want their own share to go to someone else, such as children from an earlier relationship. Where shares are unequal, owners often want the split recorded in a document, and GOV.UK emphasises that registration involves complexity and recommends taking legal advice.
Changing your mind later
The GOV.UK overview says owners can switch between the two arrangements, and that there is no cost for doing it. The page on changing from joint tenants to tenants in common describes two routes.
Without the other owners’ agreement
The owner serves a written notice of the change, called a notice of severance, on the other owners. The owner then completes form SEV or form RX1 to register a restriction, prepares the supporting documents, including the original or a certified copy of the signed notice, and sends the application to HM Land Registry’s Citizen Centre.
With the other owners’ agreement
All that is required is form SEV and the supporting documents, sent to the same Citizen Centre. GOV.UK states there is no fee for either route.
The fact that one owner can sever a joint tenancy without the agreement of the others is worth knowing for anyone who holds property jointly. It affects who receives a share on death, so any decision to sever is significant, and legal advice is sensible before serving a notice.
If a co-owner loses capacity
GOV.UK says that if a co-owner has lost mental capacity and the others want to sell, they must apply to the Court of Protection to proceed. This is a practical issue for anyone planning a later move, such as downsizing. The site’s guide to downsizing or moving later in life covers the practical planning around a move at that stage, and the legal steps for a co-owner without capacity fall outside the GOV.UK summary.
Points to settle before the removal date
- Decide, with the conveyancer, whether the buyers will hold as joint tenants or tenants in common, and record any unequal shares in writing.
- Check that wills match the ownership form. A will cannot pass on a share held as a joint tenant, according to GOV.UK.
- If moving in together with an existing home to sell, see the site’s article on council tax when moving in together.
Common questions
Does it cost anything to change the type of ownership?
GOV.UK says there is no fee for registering the change with HM Land Registry, and the guide says changing between the two types costs nothing.
Can I change without my co-owner’s consent?
The severance route allows a written notice and a registered restriction without the other owners’ agreement, but legal advice is sensible first.
Does this apply in Scotland?
The GOV.UK pages refer to HM Land Registry in England and Wales. Scots law is different and is not covered here.
The bottom line
For a property in England or Wales bought by two or more people, the choice between joint tenants and tenants in common decides what happens to each share on death. GOV.UK says owners can change the arrangement at no cost, including by serving a notice of severance without the others’ agreement. Because the decision is made during a busy purchase, it deserves time and legal advice before completion.