If you own a property with someone else, the way the ownership is structured can have significant implications for your estate plan. There are two main ways to own property jointly: as joint tenants or as tenants in common.
As joint tenants, you both own the entire property equally. When one owner dies, the property automatically passes to the surviving owner — regardless of what the Will says. This is known as the 'right of survivorship'.
As tenants in common, you each own a defined share of the property (usually 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 pass to the other owner.
For many couples, owning as tenants in common offers greater flexibility and protection. It allows you to leave your share to whoever you wish, set up a Property Trust to protect your share, and potentially plan more effectively for Inheritance Tax and care fees.
In 2026, switching from joint tenants to tenants in common is a straightforward process called 'severance of joint tenancy'. It can be done by serving a written notice on the other owner and registering the change with the Land Registry.
This change is often recommended as part of a comprehensive estate plan, particularly for couples with children from previous relationships or those concerned about care home fees.
At Castle Family Legal, we can advise you on the best ownership structure for your circumstances and handle the severance process for you. Contact us for a free consultation.
