Every co-owned UK property is held one of two ways, and the choice, made once at purchase but changeable later, decides who inherits your share and whether your will even has a say in it. This guide covers exactly how survivorship and severance work, corrects a genuinely widespread misconception about Inheritance Tax, and covers the specific risk unmarried co-owners face that the right ownership structure alone doesn't fix.
Figures below reflect the Law of Property Act 1925, HM Land Registry practice guidance, and Inheritance Tax Act 1984, current to mid-2026. This is general information, not legal or tax advice; a solicitor should advise on the right structure and any severance for your specific circumstances.
1. The core difference: survivorship
2. What this doesn't change: the mortgage
Whichever structure you choose has no bearing on the mortgage itself. The mortgage is joint and several regardless of ownership structure, meaning both owners remain fully liable for the whole loan and the lender can pursue either one for the full outstanding balance. The joint tenants versus tenants in common choice is purely about how ownership is defined on the title and how a share passes on death, not about who owes what to the lender.
3. How to check which you already are
Check the property's title register at HM Land Registry, available online for a small fee. A Form A restriction on the proprietorship register indicates tenants in common, since HM Land Registry automatically enters this restriction when registering two or more owners unless satisfied they hold as beneficial joint tenants. The absence of a restriction usually indicates joint tenancy, but isn't fully conclusive, a separate declaration of trust could exist between the owners without necessarily appearing on the public register in full detail.
4. Changing structure: severance
Severance converts a joint tenancy into a tenancy in common, extinguishing the right of survivorship going forward. It can be done unilaterally under section 36(2) of the Law of Property Act 1925, meaning one owner can sever without needing the other's consent or agreement, by serving a written Notice of Severance. Only the beneficial (equitable) interest is severed; the legal title on the deeds still shows joint tenants, but who actually benefits from the property changes. Severance creates equal shares by default; an unequal split requires a separate declaration of trust signed by the owners.
5. The Inheritance Tax misconception, corrected
A deceased joint tenant's beneficial interest in the property, roughly half its market value for two owners (sometimes discounted 10-15% to reflect the practical difficulty of selling a part-share), still forms part of their Inheritance Tax estate under section 5(1) of the Inheritance Tax Act 1984, even though it passes to the surviving owner automatically and outside the will. Where the survivor is a spouse or civil partner, the spousal exemption typically means no IHT is actually due, which is likely why the misconception persists. But for unmarried co-owners, or for wider estate planning involving children from a previous relationship, the distinction is genuinely significant: a tenants-in-common share passing to direct descendants can benefit from the Residence Nil-Rate Band (currently £175,000) in a way that automatic survivorship to a co-owner does not touch at all.
6. The risk unmarried co-owners specifically face
If an unmarried couple owns as tenants in common and one partner dies without a will, that partner's share passes under intestacy rules, and intestacy rules exclude unmarried partners entirely. The share would instead pass to the deceased's children, or if none, to their parents, potentially leaving the surviving partner co-owning their own home with their late partner's family, who could in principle force a sale to release their inheritance. The lesson genuinely cuts against a common assumption: switching to tenants in common protects an unmarried partner only if paired with a will that actually leaves the share to them; the structure alone, without a will, can leave a survivor considerably worse off than if the couple had simply remained joint tenants.
7. Who typically chooses which structure
| Situation | Commonly chosen structure |
|---|---|
| Married couple, equal contributions, no children from previous relationships | Joint tenants |
| Unequal deposit contributions (increasingly common as LISA savings, inheritance, or parental help vary between partners) | Tenants in common, often with a declaration of trust specifying the split |
| Second marriage, or children from a previous relationship | Tenants in common, to direct a specific share via will |
| Unrelated co-investors (siblings, friends, HMO co-owners) | Tenants in common, reflecting actual investment shares |
8. Frequently asked questions
What's the main difference between joint tenants and tenants in common?
Joint tenants own the whole property together with automatic right of survivorship, meaning if one owner dies, their interest passes immediately to the surviving owner regardless of what their will says. Tenants in common each own a defined, separate share, equal or unequal, which passes according to their will or intestacy rules on death rather than automatically to the co-owner.
Does owning as joint tenants mean the property avoids Inheritance Tax?
No, this is a common and costly misconception. A deceased joint tenant's beneficial interest in the property still forms part of their Inheritance Tax estate, even though it passes to the surviving owner automatically and outside the will. If the survivor is a spouse or civil partner, the spousal exemption typically means no IHT is due regardless of structure, but for unmarried co-owners or wider estate planning, the distinction matters considerably.
How do I check whether I own my property as joint tenants or tenants in common?
Check the Land Registry title register for the property, available online for a small fee. A "Form A restriction" on the register indicates tenants in common, since HM Land Registry automatically enters this restriction unless satisfied the owners hold as joint tenants. The absence of a restriction usually indicates joint tenancy, but isn't fully conclusive, as a separate declaration of trust could exist without appearing on the register.
Can I change from joint tenants to tenants in common?
Yes, this is called severance and can be done unilaterally, without needing the other owner's consent or agreement, by serving a written Notice of Severance under section 36(2) of the Law of Property Act 1925. Severance converts the beneficial ownership to tenants in common in equal shares by default; unequal shares require a separate declaration of trust.
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