Guide · 4 minute read · Updated 10 Jul 2026

Buying with a partner: joint tenants vs tenants in common

When two or more people buy a property together, they must choose how they hold it: as joint tenants or as tenants in common. Joint tenants own the whole thing together and it passes automatically to the survivor; tenants in common each own a defined share they can leave to whoever they like. The choice decides what happens to your stake if you die or fall out.

Joint tenants: one undivided whole

As joint tenants, you both own 100% of the property together rather than a separate half each. The defining feature is the right of survivorship: if one of you dies, your share passes automatically to the other owner, regardless of what your will says. The property does not go through the deceased's estate for this purpose, and it cannot be left to anyone else.

This is the default for many married couples and long-term partners, because it is simple and it keeps the home with the surviving partner without fuss. The flip side is that you cannot leave your share to children from an earlier relationship, a sibling or anyone else, because survivorship overrides your will every time.

Tenants in common: defined shares

As tenants in common, each owner holds a distinct share, which can be equal or unequal: 50/50, 70/30, or any split you agree. There is no automatic survivorship. When you die, your share passes under your will, or under the intestacy rules if you have no will, so you can leave it to your children, a trust or anyone you choose.

This suits people who put in different amounts, friends or relatives buying together, and couples, especially second marriages, who want their share to go to their own children rather than automatically to the co-owner. The trade-off is that the surviving co-owner does not automatically inherit, so they could end up owning the home alongside someone else's beneficiaries.

Unequal deposits and the declaration of trust

If one of you puts in a much larger deposit, tenants in common with a declaration of trust is usually the safer structure. A declaration of trust, also called a deed of trust, is a legal document that records exactly who owns what and how the proceeds are split on a sale: it can protect the larger deposit, set out who pays what toward the mortgage, and say what happens if one of you wants out.

Consider a couple buying a £300,000 home where one contributes a £45,000 deposit and the other £15,000, with the rest on a joint mortgage. Holding as joint tenants would treat them as equal owners, so a later sale or split could hand half the gain to the person who put in a quarter of the cash. A declaration of trust recording the true contributions avoids that. Work out each person's realistic share of the borrowing with the mortgage affordability calculator before you set the split.

How to choose, and how to change it

Married or in a stable long-term partnership with a shared estate, and joint tenants is often the simplest choice: the home passes cleanly to the survivor. Buying with unequal money, with a friend, or with children from another relationship to protect, and tenants in common with a declaration of trust usually fits better.

You are not locked in. You can convert a joint tenancy into a tenancy in common at any time by serving a notice of severance, which people often do after a separation or a change in circumstances. It is also worth pairing tenants in common with up-to-date wills, since your share only goes where you intend if your will says so. If protecting each other financially matters, look at whether cover would clear the mortgage on a death using the life insurance calculator.

Common questions

What is the difference between joint tenants and tenants in common?

Joint tenants own the whole property together, and if one dies their share passes automatically to the survivor regardless of any will. Tenants in common each own a defined share, equal or unequal, that passes under their will. The first keeps the home with the survivor; the second lets you leave your share to anyone.

Which is better if we put in different deposits?

Tenants in common, backed by a declaration of trust. It records who contributed what and how the sale proceeds split, so a larger deposit is protected. Joint tenants treats you as equal owners, which could hand half the value to the person who put in far less if you sell or separate.

What is a declaration of trust?

A legal document, also called a deed of trust, that sets out each owner's share of a property and how the proceeds are divided on sale. It is used with a tenancy in common to protect unequal deposits, record who pays the mortgage, and define what happens if one owner wants to sell.

Can we change from joint tenants to tenants in common later?

Yes. You can convert a joint tenancy into a tenancy in common at any time by serving a notice of severance, which is common after a separation or a change in circumstances. Once you are tenants in common, make sure your wills are up to date, because your share then passes under your will rather than to the survivor.

Guidance and education, not regulated financial advice.