Property decisions are always stronger when shaped by real expertise, which is why we’re delighted to share this guest blog from Ben James, a specialist in property law. In this article, they explore the difference between owning property as joint tenants and tenants in common, offering practical insights and clear guidance for anyone navigating this area.
At One Roof Financial, we believe in bringing together trusted voices from across the property, finance, and legal sectors to help our clients make confident, informed decisions. This guest feature is part of that commitment.
The difference between owning property as joint tenants and tenants in common
When two or more people are buying a property together it is very important that they understand the different types of joint ownership available.
This is because when a property is sold, and any mortgages have been redeemed, the sale proceeds will be available for division between the owners.
Accordingly, unless you contribute equally to the purchase monies – i.e. the difference between the purchase price and the mortgage (if any) and the costs of purchasing the property, and you also contribute equally to the mortgage repayments. The person paying or contributing the larger share of the monies may wish to ensure that when the property is sold, that that person is entitled to receive a larger share of the monies remaining.
If you elect to own the property as joint tenants. You will each have an equal interest in the property and if one of you died, then the survivor would automatically own the property. Irrespective of any Will in place.
As tenants in common, you will each own a specified share in the property which you are able to leave by your Will, or give away to whomever you choose. Electing this option means that a survivor will not automatically own the property. You would therefore need to ensure that you have a Will in place.
For anything more complex, such as protecting specific deposit sums in the unfortunate event of a couple splitting up, a Declaration of Trust might be a more suitable option. A solicitor will be able to provide further advice in respect of drawing up such a deed.
The law relating to joint ownership is quite complicated and if you have any queries then it is important to seek legal advice before you make a final decision.
About the Author
Ben James is a Property lawyer and a Notary Public at Brindley Twist Tafft & James. Specialising in a full range of legal services. With extensive experience supporting clients in property law, they are known for providing clear, practical advice that helps people make confident decisions.
You can learn more about their work at:
🔗 Website: https://www.bttj.com/
🔗 LinkedIn: https://www.linkedin.com/company/brindley-twist-tafft-and-james-solicitors/
https://onerooffinancial.co.uk/
Blog written on 10/03/2026
The information contained within this blog was correct at the time of publication (10/03/2026), and is subject to change.
