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If you\u2019re buying property with one or more people in the UK, there are two different ways this property can be held: as joint tenants or tenants in common. In this guide we\u2019ll focus on what it means for property co-owners to be joint tenants<\/strong>.<\/p>\n Although both joint tenants and tenants in common allow co-ownership, they differ significantly in how the ownership is structured and what happens to the property in the case of death, separation or the sale of the property.<\/p>\n Key features of joint tenancy include:<\/p>\n As joint tenants, you and your co-owner each own the whole property. Regardless of how much each person contributed to the purchase of the home, all joint tenants are treated as having an equal stake in the property.<\/p>\n If the property is sold, you\u2019re each entitled to half of the sale proceeds, regardless of your individual contributions to the purchase price or mortgage repayments.<\/p>\n If one joint tenant passes away, their share of the property is automatically transferred to the surviving co-owner, bypassing the will or probate process. This makes it ideal for couples who want to leave the home to each other when they die.<\/p>\n All joint tenants must agree on any major decisions involving the property, such as selling or refinancing it.<\/p>\n Looking for information about tenants in common, find out more here.<\/a><\/p>\n When couples divorce<\/a>, property held as joint tenants can bring challenges when settling divorce finances<\/a>.<\/p>\n Whilst joint tenancy ensures equal rights during the relationship, it doesn\u2019t account for unequal contributions or changes in personal circumstances, when the relationship ends.<\/p>\n If your circumstances change, you can switch your property ownership type from joint tenancy to tenancy in common.<\/p>\n This process, called severance<\/strong>, converts the property ownership into a tenancy in common<\/strong> which allows each co-owner to hold a specific share of the property.<\/p>\n Severance is straightforward and doesn\u2019t require the other person\u2019s consent.<\/p>\n You can usually do this by completing a \u2018Form A Restriction\u2019<\/a> and notifying the Land Registry<\/a>.<\/p>\n The court considers a range of factors when deciding how to divide property in a divorce, such as:<\/p>\n Until the joint tenancy is severed, the right of survivorship remains in effect. This means that if one co-owner dies during divorce proceedings, their share automatically transfers to the surviving co-owner.<\/p>\n Severing the joint tenancy is an essential step to in ensuring that the property transfers in line with your wishes. Because of this, it\u2019s important to review your will following separation or a divorce to ensure that it reflects your intentions.<\/p>\n If you separate and own a property as joint tenants, you\u2019ll need to decide whether to buy out your co-owner or sell the property.<\/p>\n Since joint tenants share ownership equally, buying them out usually means paying for their half at market value. If that\u2019s not an option, selling and splitting the proceeds could be the best way forward.<\/p>\n Your divorce lawyer<\/a> can help you figure out the right approach.<\/p>\nWhat does it mean to be joint tenants?<\/strong><\/h2>\n
Equal ownership<\/strong><\/h3>\n
Dividing sale proceeds<\/strong><\/h3>\n
Right of survivorship<\/strong><\/h3>\n
Unified decision-making<\/strong><\/h3>\n
Joint tenancy and divorce<\/strong><\/h2>\n
Severing the joint tenancy<\/strong><\/h3>\n
Fair division by the court<\/strong><\/h3>\n
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Right of survivorship risks<\/strong><\/h3>\n
To buyout your ex or to sell<\/strong><\/h3>\n