What is jointly-owned property and how is it treated?

Jointly-owned property is land, buildings or other assets owned by two or more people together. How it’s held—either as joint tenants or tenants in common—determines what happens to your share when you die.

Why it matters

If you own something jointly, it will often pass automatically to the other owner(s) rather than via your will. That means you can’t leave it to someone else. Knowing how joint ownership works helps you plan properly and avoid surprises for your beneficiaries.

Types of joint ownership

1. Joint tenancy

• You and the other owner(s) own the whole asset together.
• On death, the asset passes automatically to the surviving joint tenant(s) by “right of survivorship”.
• Your will has no effect over jointly-held assets of this type.

2. Tenancy in common

• You each own a defined share (for example, 50/50 or 70/30).
• Your share forms part of your estate and passes under your will or the rules of intestacy.
• This gives you flexibility to leave your share to whoever you choose.

What happens on death

• Joint tenancy: The survivor automatically inherits your share outside probate. Executors do not deal with it, and it never goes to your beneficiaries under the will.
• Tenancy in common: Your executor values your share and distributes it according to your will’s residuary clause or fixed gifts.

Many couples assume joint tenancy always suits them, but if one partner wants to leave their share to children from a previous relationship, tenancy in common is the better choice.

How to handle joint property in your will

• Check title deeds: Find out whether you own as joint tenants or tenants in common.
• Specify shares: If you’re tenants in common, state your share clearly in your will (e.g. “I leave my half share of 10 High Street…”).
• Consider changing ownership: You can sever a joint tenancy—turn it into a tenancy in common—so your will controls your share. This usually involves a simple legal form.
• Use our online service prompts: Our will-writing tool asks about jointly-owned assets and guides you through wording to reflect your wishes.

Common mistakes

• Assuming joint tenancy means automatic inheritance for your family. If you die first, your partner gets everything, leaving your children with nothing.
• Not checking how you hold property. Title deeds may say one thing, while you believe another. Always verify.
• Vague will clauses. Simply saying “my share of our home” can cause confusion—use the exact address and share percentage.
• Forgetting to sever joint tenancy. If you intend to control your share by will, you must take formal steps to change how you hold the property.

Next steps

1. Try our Estate Planning Health Check to list any joint assets and see if you need to change their ownership type.
2. Complete your details in our paid online will-writing service—it guides you step by step to specify shares or sever joint tenancies.
3. Once you receive your will, make sure you sign it with the required witnesses and store it safely.

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