Title Transfers Explained: Changing from Joint Tenants to Tenants in Common

Many couples or families own their home together without ever thinking about what type of ownership they have. But the way your property is held — either as joint tenants or tenants in common — can make a big difference when it comes to inheritance, wills, and planning for the future.

This guide will explain in plain English what these terms mean, why people sometimes change from joint tenants to tenants in common, and what that process involves.

What Do “Joint Tenants” and “Tenants in Common” Mean?

These sound like legal jargon, but they’re actually quite straightforward once you break them down.

• Joint Tenants

  • You both own the whole property together, as one unit.

  • If one of you dies, the other automatically inherits the entire property. This is called the right of survivorship.

  • Your will cannot override this arrangement.

• Tenants in Common

  • You each own a defined share of the property. It can be 50/50, or another split, like 70/30.

  • If one of you dies, your share does not automatically go to the other owner. It passes according to your will, or under intestacy rules if there is no will.

  • This gives you more control over who inherits your share.

Why Do People Change from Joint Tenants to Tenants in Common?

There are a few common reasons why families choose to switch:

• Protecting children from previous relationships
  For example: Jane and Peter are married, but Jane has two children from her first marriage. If they remain joint tenants, Peter would automatically inherit everything if Jane dies first, and Jane’s children could miss out. By changing to tenants in common, Jane can leave her share to her children in her will, while still allowing Peter to stay in the home.

• Estate planning for care fees
  Some people want to make sure their share of the home is ring fenced for their children, rather than all of it potentially being assessed if the surviving partner goes into care.

• Flexibility with inheritance
  It allows you to leave your share to a trust, to children, or to someone else entirely, rather than it automatically passing to the co owner.

• Unequal contributions
  If one partner has put in more towards the deposit or mortgage, tenants in common lets the ownership reflect that split.

How Do You Make the Change?

The process of moving from joint tenants to tenants in common is called severing the joint tenancy.

1. Check your ownership
   You can get a copy of your title deeds or register from the Land Registry. It costs £3 for an online copy. This will confirm whether you are listed as joint tenants or tenants in common.

2. Complete a “Form SEV”
   This is the form used to officially sever a joint tenancy. You send it to the Land Registry.

3. No fee
   The Land Registry does not currently charge for registering this change.

4. Update your will
   Once you are tenants in common, it is essential your will reflects what you want to happen to your share. Without this, intestacy rules will decide.

Common Questions

Can my partner stop me from severing the joint tenancy?
No. Any joint owner can sever the tenancy without the other’s consent. You must give them notice, but you do not need their agreement.

Will this affect my mortgage?
No. The mortgage stays in place. You are still jointly responsible for the whole loan.

Can we change back to joint tenants later?
Yes, but it is a more involved process and usually needs a solicitor.

What happens if there is no will after we change?
Your share will be divided under the intestacy rules. That is why updating your will is so important.

Can I put part of my property in my children’s names?

It is possible to transfer part of your home into your children’s names, but it can create problems.

• Stamp Duty Land Tax may apply if your children take on part of the mortgage, as this counts as a payment.

• Capital Gains Tax may be due if the property is not your main home, because giving away a share is treated as a disposal.

• Inheritance Tax can also be affected. If you continue living in the property rent free, HMRC may still treat it as yours when you die.

Even adult children can run into difficulties. For example, if they later divorce or have money problems, their share of the property could be at risk.

For most families, it is safer to own the property as tenants in common and use a will or trust to pass on your share, rather than transferring ownership during your lifetime.

👉 More detail can be found in our blog: Should You Put Your Children on the Property Deeds? Everyday Examples

• Second marriages: A woman with grown up children changes to tenants in common so her new husband can live in their home for life, but when he dies her children inherit her share.

• Partners not married: Two long term partners own a house together but want to leave their shares to different people. One leaves their share to a sibling, the other to their children.

• Fairness in contributions: One sibling put in most of the deposit when buying a home together. By being tenants in common, the split can be set at 70/30 instead of 50/50.

What to Think About Next

Changing from joint tenants to tenants in common can be a wise decision, but it only works properly if you also put a valid will in place. Otherwise, your share may still not end up where you want it to go.

It is not complicated to make the change, but the decision itself is significant. Think about:

• Who you would want your share of the property to go to

• Whether you need to update or create a will

• How this fits with your wider family situation

✨ Owning a home together is one of life’s biggest commitments. Making sure your share goes to the right people is part of protecting your family’s future.

Next Step

Every family situation is different, and it helps to talk it through with someone who understands both the legal rules and the practical realities. If you are considering changing from joint tenants to tenants in common, we can guide you through it clearly and simply.