What Does It Mean to Be Tenants in Common?

As part of the estate planning process, many solicitors and will writers recommend changing the ownership structure of a property. This is often done to protect the home from care home fees, and involves switching from joint tenancy to tenants in common—also known as severing a tenancy.

Contrary to what some believe, becoming a “tenant in common” does not mean you’re a tenant in your own home. Instead, it means you and your partner each own a defined share of the property—typically 50/50, but it can vary. This ownership change allows you to dictate in your will what happens to your share of the property.

Learn more about protecting assets through wills and trusts.

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Joint Tenancy vs Tenants in Common

Understanding the difference between these two types of ownership is essential when planning your estate.

What Is Joint Tenancy?

In a joint tenancy, both owners share 100% ownership of the property. When one owner dies, their share automatically passes to the surviving owner—this is known as the right of survivorship.

What Is Tenants in Common?

In a tenancy in common, each person owns a specific share of the property (often 50/50, but it can vary). When one owner dies, their share does not automatically go to the other owner. Instead, it passes according to their will or the rules of intestacy if no will exists.

This structure is particularly beneficial for:

• Unmarried couples

• Couples with children from previous relationships

• Inheritance tax planning

• Care fee protection

Can I Sell My Share as a Tenant in Common?

Technically, yes—you can sell your share of a property if you’re a tenant in common. However, the practicality is another matter.

For example, if Mr. Smith wants to sell his 50% share while Mrs. Smith still lives in the property, most buyers would be deterred—unless they’re:

• A family member

• A property investor willing to wait

In these cases, the sale price would likely be below market value due to the restrictions involved.

What Happens When a Tenant in Common Dies?

When one tenant in common passes away:

1. A restriction remains on the Land Registry title.

2. The deceased’s share must be dealt with via probate.

3. The property may be transferred into the names of the executors and the surviving owner.

Unfortunately, not all solicitors follow the correct procedure. In some cases, property sales proceed without probate, and the proceeds are incorrectly passed entirely to the surviving owner. This can undo the intentions of the estate plan, especially if the deceased intended to leave their share to children or a trust.

Should I Choose Joint Tenancy or Tenants in Common?

There is no one-size-fits-all answer. It depends on your circumstances:

• Scenario 1: No children, leaving the estate to each other or friends

  Joint tenancy is often simpler.

• Scenario 2: Blended families or children from previous relationships

  Tenants in common allows you to protect your share and pass it to your own children.

Consult an estate planner to evaluate your situation. Read more at Citizens Advice – Who inherits if someone dies without a will.

How to Convert to Tenants in Common

If your property is registered with HM Land Registry, the process involves:

1. Filling in Form SEV – to declare a change in ownership structure

2. Filing a Notice of Severance – a legal document to confirm the intention

If the property is not registered, the mutual severance notice should be signed and stored with the title deeds.

Find more on Land Registry guidance for property ownership.

Tenants in Common and Inheritance Tax (IHT)

Tenants in common ownership can also be useful in inheritance tax planning. For example:

• Unmarried couples with an estate exceeding one nil-rate band may benefit

• Couples may leave their share to a trust to reduce IHT liability

It’s worth reviewing your estate plan if you made changes before the introduction of the Residential Nil Rate Band.

More on Inheritance Tax thresholds and planning.

Tenants in Common and Care Home Fees

This ownership model can also help protect your home from being assessed in full for care home fee contributions.

Many couples choose to leave their share of the property in a Property Protection Trust within their will. When done properly:

• The surviving partner retains the right to live in the property

• Their means-tested assets exclude the deceased’s share, offering protection from local authority charges

Explore more on care fees and protecting your home.

Pros and Cons of Tenancy in Common

Advantages:

• Lets you control who inherits your share

• Helps with blended families or children from previous marriages

• Useful in inheritance tax and care fee planning

Disadvantages:

• Requires more legal paperwork

• Can delay property sales if probate is not obtained

• Less convenient for couples who want everything to pass automatically

Need Help Deciding?

Every client’s situation is unique. If you’re unsure whether joint tenancy or tenants in common is right for you, or if you need help with severance, wills, or property trusts, call us today on 020 8150 2010 for professional advice tailored to your needs.