# Joint tenants vs tenants in common — what happens to property on death > Family & care · Last updated 26 May 2026 Canonical HTML: https://moneyguide.org.uk/family-life/joint-tenants-vs-tenants-in-common/ Markdown mirror: https://moneyguide.org.uk/family-life/joint-tenants-vs-tenants-in-common.md ## Quick answer Two people can own a UK property in two very different ways. Two people can own a UK property in two very different ways. Joint tenants share one undivided whole that passes by survivorship outside the will. Tenants in common own defined shares that pass under the will (or intestacy). The choice has big consequences for estate planning, second marriages and care-fee planning. ## Key facts - Joint tenancy means survivorship: when one owner dies, the surviving owner(s) automatically own the whole. The deceased's will has no effect on the property. - Tenancy in common means defined shares (often 50/50, sometimes unequal). On death, the share passes under the will or intestacy — typically into a life-interest trust if planning is in place. - Severance converts a joint tenancy into a tenancy in common. It can be done unilaterally by serving a written notice (s36(2) Law of Property Act 1925) — the other owner's agreement is not required. - Form A restriction is the Land Registry entry that signals tenants in common. If your title shows it, you are tenants in common; if it doesn't, you are joint tenants by default. ## Why the choice matters Second families: parents from a previous relationship usually want their share of the house to go to their own children, not be absorbed automatically by the new spouse. Tenancy in common with a life-interest will achieves this. Care-fee planning: a first-death severance and life-interest trust can in some circumstances protect the deceased's share from the survivor's later care-fee assessment. This is a legitimate planning route — distinct from giving the house away in lifetime, which triggers deprivation issues. Inheritance Tax: spouses can use either structure with full spouse exemption, but tenancy in common gives more flexibility to use both nil-rate bands and the residence nil-rate band efficiently. ## How to switch — severance Severance is the unilateral act of converting a joint tenancy into a tenancy in common. You serve a written notice of severance on the other owner(s). Service can be by post (registered or recorded delivery is safest). Once served, apply to HM Land Registry on Form SEV with the notice and an SDLT-free fee, asking for a Form A restriction to be entered on the title. After registration the title formally records the change. Severance does not change who lives in the property or who pays the mortgage. It only changes what happens to each share on death. ## Pitfalls and practical steps Without severance + a will that deals with the share, severing alone can make things worse — the share would pass under intestacy, not necessarily where you want. Joint mortgage liability is unaffected by severance. Each owner remains liable for the full debt to the lender, even if their beneficial share is only 50%. If you sever and one owner later loses capacity, getting their consent to sell is harder. A Property & Financial Affairs LPA registered before severance avoids problems if a sale is needed later. ## Frequently asked questions ### How do I check which type we have? Order the title register from HM Land Registry (£3 online). If there is a 'Form A restriction' or 'restriction in Form A', you are tenants in common. If there is no such restriction, you are joint tenants by default. ### Can my spouse stop me severing? No. Severance is a unilateral right under s36(2) Law of Property Act 1925. Serve written notice and apply to the Land Registry; the other owner's agreement is not legally required (though obviously a conversation first is sensible). ### Does severance trigger Stamp Duty or Capital Gains Tax? Severance between spouses or civil partners has no SDLT or CGT consequences (no consideration changes hands). Severance between non-spouses also has no SDLT effect, but care should be taken with CGT if shares are altered for value. ## Primary source https://www.gov.uk/government/publications/joint-property-ownership ## Related - [How to sever a joint tenancy (UK)](https://moneyguide.org.uk/how-to/sever-a-joint-tenancy-uk/) - [Residence nil-rate band explained](https://moneyguide.org.uk/family-life/residence-nil-rate-band-explained/) --- Independent UK money guidance from [Money Guide](https://moneyguide.org.uk). Information only — not regulated financial advice.