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

Two ways of co-owning property, differing in what happens to a share when an owner dies and in whether shares can be unequal. The choice is made at purchase, is frequently made without explanation, and has consequences that only appear years later.

Joint tenants. Co-owners hold the whole property together, with no distinct shares.

The defining feature is survivorship. When one owner dies, their interest passes automatically to the surviving owner — outside the will, regardless of what the will says, and without needing probate for that asset. This is the default for most married couples and is usually what they want.

You cannot leave your share to anyone else, because you do not have a share to leave.

Tenants in common. Each owner holds a distinct, defined share — which can be unequal, reflecting different contributions.

There is no survivorship. On death, the share passes under the will, or by intestacy if there is none. This is what makes it suitable where owners want to leave their share to children from a previous relationship, where contributions were unequal, where buyers are friends or business partners, or where protecting a share against future events matters.

A declaration of trust should record the shares and what happens on sale — without one, disputes about unequal contributions become expensive and uncertain.

Why the choice matters more than it appears:

Unmarried couples. There is no such thing as common law marriage in England and Wales. An unmarried partner who is not on the title and is not a tenant in common may have no automatic claim at all, regardless of how long they lived there or what they contributed.

Second families, where joint tenancy can disinherit children entirely without anyone intending it.

Care costs and estate planning, where tenants in common is sometimes used deliberately.

You can change it. Converting joint tenancy to tenancy in common is done by severance, by written notice, and can be done unilaterally — a fact that matters during relationship breakdown, where it is a routine early step.

Make wills either way. General information, not legal advice.