When you buy a property with another person, you can own it in one of two ways: as joint tenants or as tenants in common. This choice has significant implications for your estate plan.
Joint Tenancy means you both own 100% of the property together. When one owner dies, their share automatically passes to the surviving owner — regardless of what any Will says. This is called the 'right of survivorship'.
Tenants in Common means each person owns a distinct share of the property (often 50/50, but it can be any split). When one owner dies, their share passes according to their Will or intestacy rules — it does not automatically go to the surviving co-owner.
Why does this matter? If you're in a second marriage and want to protect your share of the property for your children from a previous relationship, owning as tenants in common is essential. As joint tenants, the property would go entirely to your surviving spouse.
In 2026, converting from joint tenancy to tenancy in common is straightforward. It's called 'severing' the joint tenancy and requires a written notice served on the other owner. The process costs very little and doesn't involve remortgaging.
Once you own as tenants in common, you can use a Property Trust Will to protect your share. This gives your surviving partner the right to continue living in the property while preserving your share for your children.
At Castle Family Legal, we regularly advise clients on the best property ownership structure for their circumstances. Contact us for a free consultation to discuss your options.
