Joint Tenants vs Tenants in Common: What Happens When One Owner Dies?

Joint tenants — the right of survivorship

When two or more people own property as joint tenants, they each own the whole property together rather than having separate shares. There is no concept of "my half" and "your half" — the ownership is indivisible.

The key legal consequence is the right of survivorship (sometimes called jus accrescendi). When one joint tenant dies, their interest in the property automatically passes to the surviving joint tenant(s) by operation of law. This happens immediately on death — it does not depend on the will, and it cannot be overridden by the will.

This means:

• The property does not form part of the deceased's estate for probate purposes (though it is still counted for Inheritance Tax — see the tax section below)
• The surviving owner does not need a grant of probate to become the sole owner of the property
• The will cannot leave the deceased's share of a jointly owned property to someone else — survivorship overrides any such provision
• If there were more than two joint tenants, survivorship continues until only one owner remains

Joint tenancy is the most common form of property ownership for married couples and civil partners in England and Wales. It is simple, automatic, and avoids the need for probate on the property — which is why solicitors often recommend it for couples who want the survivor to inherit the home without complications.

How to update Land Registry for joint tenants (Form DJP)

Although the surviving joint tenant becomes the sole owner automatically on death, the Land Registry records still need to be updated to reflect this. The process is straightforward:

• Download Form DJP (Deceased Joint Proprietor) from the HM Land Registry website. This is a short form that provides Land Registry with the details of the deceased owner.
• Complete the form with the property title number (found on the title register or mortgage documents), the deceased's name, and the date of death.
• Attach a certified copy of the death certificate. Land Registry accepts the original death certificate or a court-certified copy.
• Submit the form and fee. The current fee is £20 (check the Land Registry fee schedule for the latest amount). You can submit by post to the relevant Land Registry office or use the online portal if you have a Land Registry account.

Land Registry typically processes Form DJP applications within two to four weeks. Once complete, the title register will show the surviving owner as the sole proprietor. You will receive a confirmation notice.

While there is no strict deadline for submitting Form DJP, it is good practice to do it promptly. If the surviving owner later wants to sell or remortgage the property, the buyer's or lender's solicitor will insist that the register is up to date before proceeding.

Tenants in common — different rules

Tenants in common is fundamentally different from joint tenancy. Each owner holds a defined share of the property — typically 50/50, but it can be any split (60/40, 75/25, etc.). Crucially, each owner's share is a distinct, separate interest that they can deal with independently.

There is no right of survivorship with tenants in common. When one owner dies, their share does not pass automatically to the other owner. Instead, it forms part of the deceased's estate and is distributed according to their will — or, if there is no will, according to the intestacy rules.

This means the deceased could leave their share of the property to anyone: a spouse, a child, a friend, a charity. The surviving co-owner has no automatic right to the deceased's share (unless the will or intestacy rules say otherwise).

In practice, a grant of probate (or letters of administration) is usually required before the deceased's share can be transferred or the property can be sold. The executor will need to:

• Obtain the grant of probate from the Probate Registry
• Register the grant with Land Registry using Form AP1 (Application to Change the Register)
• Transfer the deceased's share to the beneficiary named in the will, or sell the property and distribute the proceeds

How to find out which type you have

Many property owners do not know whether they own as joint tenants or tenants in common — the distinction was explained briefly by the solicitor when they bought the property, and promptly forgotten. Here is how to find out:

• Check the title register online: You can download a copy of any property's title register from the Land Registry search service for £3. Look for a Form A restriction — this is a standard entry that reads: "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered." If this restriction is present, the property is held as tenants in common.
• No restriction: If there is no Form A restriction on the title, the owners are almost certainly joint tenants.
• Check the transfer deed (TR1): The original transfer deed signed when the property was purchased contains a section where the buyers declared their ownership type. Your solicitor should have a copy in the purchase file.

If you are still unsure after checking these documents, a property solicitor can confirm the position quickly by reviewing the title.

Severing a joint tenancy

Either joint tenant can convert a joint tenancy into a tenancy in common at any time. This is called severance, and it is done by serving a written notice on the other joint tenant(s) under section 36(2) of the Law of Property Act 1925.

Severance is a unilateral act — the other owner does not need to agree. Once the notice is served, the joint tenancy is severed and each owner holds their share as tenants in common. A Form A restriction should then be placed on the title register at Land Registry to record the change.

People sever joint tenancies for several reasons:

• Inheritance Tax planning: Severing allows each owner to leave their share to different people (e.g. into a trust for children), potentially using two nil-rate bands instead of one.
• Protecting children from a previous relationship: If a parent in a second marriage wants to ensure their children inherit their share of the home, severing prevents the surviving spouse from automatically receiving the whole property via survivorship.
• Relationship breakdown: If a couple separates but continues to co-own the property, severing ensures each person's share is treated independently.
• Protecting against care home fees: In some circumstances, holding property as tenants in common can protect one person's share from being used to fund the other's care home costs (though the rules are complex and advice is essential).

Tax considerations

The type of property ownership has significant tax implications when one owner dies:

Inheritance Tax (IHT): Regardless of whether the property is held as joint tenants or tenants in common, the deceased's share is included in their estate for IHT purposes. For joint tenants, this is usually 50% of the property's market value (assuming two owners with equal shares). If the property passes to a spouse or civil partner, the spouse exemption means no IHT is payable on that share. For more details, see our guide on Inheritance Tax in the UK.

Residence Nil-Rate Band (RNRB): The additional £175,000 nil-rate band for property left to direct descendants may apply if the deceased's share of the home passes to their children or grandchildren. This is straightforward for tenants in common (the share passes via the will), but for joint tenants it depends on whether the survivor is a direct descendant or not.

Capital Gains Tax (CGT) uplift: When the surviving owner inherits the deceased's share (whether by survivorship or via the estate), they receive a CGT base cost uplift. The inherited share is valued at its market value on the date of death. This is important if the surviving owner later sells the property — the gain is calculated from the date-of-death value, not the original purchase price, for the inherited portion.

Stamp Duty Land Tax (SDLT): If the surviving owner acquires the deceased's share by survivorship (joint tenants) or by inheritance (tenants in common), no SDLT is payable. SDLT only applies if the share is purchased.

Related guides

For further information on property, probate, and inheritance, see these guides:

• Applying for Probate — the full process for obtaining a grant of probate
• Do You Need Probate? — when probate is required and when you can avoid it
• House in Only One Name and Spouse Dies — what happens when the property is in the deceased's sole name
• Inheritance Tax UK 2026/27 Guide — thresholds, exemptions, and how property is valued for IHT