Most people own their home as “joint tenants” without ever realising there’s another option.

But the way your property is owned can have a significant impact on what happens to your share when you die—and whether your wishes are actually carried out.

That’s where “tenants in common” comes in.

“Tenants in common” a term many people have heard, but few fully understand. In this article, we’ll explain what it means, how it works, and why it can be an important part of your estate planning.

What Does “Tenants in Common” Mean?

When you own a property as tenants in common, each owner holds a distinct share of the property.

This doesn’t necessarily mean a physical split. It simply means each person owns a defined percentage, which can be equal or unequal.

For example:
• 50/50 between partners
• 70/30 if one person contributed more
• Any other agreed proportion

The key difference is that each person’s share forms part of their estate when they die.

Most couples own their property as joint tenants. If you say, “we own our house jointly”. This means you are joint tenants.

With joint tenancy, if one person dies, their share automatically passes to the surviving owner, regardless of what their Will says.

This is known as the “right of survivorship”.

With tenants in common, there is no automatic transfer. Instead, your share passes according to your Will.

Why This Matters in Practice

This might seem like a small difference, but in practice it can have a significant impact.

We regularly speak to families around Macclesfield and Cheshire who assume everything will simply pass to their partner and then to their children.

However, without the right structure in place, that isn’t always guaranteed.

For example:

• If everything passes outright to a surviving partner, those assets could later be exposed to care fees
• If the surviving partner remarries, your original wishes may no longer be followed
• Children from previous relationships may not be protected
• There is no control over where your share ultimately ends up

Holding your property as tenants in common, combined with the right Will, can help address these issues.

When Might Tenants in Common Be Appropriate?

Tenants in common is often used where people want more control over what happens to their share of a property.

This might include:

• Couples who want to protect part of the property for their children
• Blended families where there are children from previous relationships
• Situations where unequal contributions have been made
• Estate planning where long-term protection is a priority

It’s not about complicating things. It’s about making sure your arrangements reflect your intentions.

Common Mistakes We See

Many people don’t know how their property is currently owned. If you are unsure it may be safe to assume you are joint tenants.

Families are often unaware that a standard Will does not protect anything, or understand that it is possible to protect your share of the property when you die.

In reality, most families want to safeguard their property, or their share of it, but do not know that they can, or how.

That is where Moneybox Wills and Trusts can help.

How Do You Change to Tenants in Common?

You can usually change ownership from joint tenants to tenants in common quite easily.

It involves a process called “severance of joint tenancy”, along with updating the Land Registry records.

However, this should always be considered alongside your Will to ensure everything works together properly.

Done correctly, it creates a structure that reflects your wishes and provides greater clarity for the future.

Do I Need to Change My Will If I Am Tenants in Common?

Simply owning your property as tenants in common does not, on its own, protect your share of the home.

All it does is allow your share of the property to pass under your Will rather than automatically to the other owner.

What actually happens to that share then depends entirely on how your Will is structured.

In many cases, we see people who have changed their ownership to tenants in common, but still have a basic Will that leaves everything outright to their partner. In that situation, much of the intended protection can be lost.

To make this effective, it is usually combined with a Will that includes a form of Trust. This allows your share of the property to be preserved for your beneficiaries.

Still allowing the surviving partner to continue living in the property for the rest of their life.

This preserves your share from future care fees and shields it from second marriages or family disputes after you are gone.

When set up correctly, this approach can provide both flexibility and long-term protection for your family.

As with any estate planning, the key is making sure everything works together rather than relying on one element alone.

Final Thoughts

Tenants in common is a simple concept, but understanding the difference and taking advantage of the protections this can give can make a significant difference to how your estate is passed on.

If you’re not sure how your property is owned, or whether your current arrangements reflect what you want, Moneybox Wills and Trusts can help.

Arrange a FREE initial consultation to understand your current situation and whether being tenants in common could benefit you and your family.

Call Moneybox Wills and Trusts on 01625 573521 today.

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