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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
Full glossary
Legal term
Land Law

Joint Tenancy

A form of co-ownership of property (also called 'beneficial joint tenancy') where all owners have equal rights to the whole property, and a deceased owner's share automatically passes to the surviving owner(s) rather than under their will. Contrasted with 'tenancy in common', where owners hold distinct shares that can be left in a will.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

HM Land Registry guidance sets out the choice every co-owner must make: 'You must decide which type of joint ownership you want if you buy, inherit or become a trustee of a property with someone else', choosing between 'joint tenants' and 'tenants in common'. The consequences of the choice are practical, not just technical: 'The type of ownership affects what you can do with the property if your relationship with a joint owner breaks down, or if one owner dies.'

As a joint tenant, ownership works as a single, undivided whole rather than as separate shares: 'you have equal rights to the whole property', 'the property automatically goes to the other owners if you die', and — following directly from that — 'you cannot pass on your ownership of the property in your will.' Tenants in common get the opposite result on each point: 'you can own different shares of the property', 'your share of the property does not automatically go to the other owners if you die', and 'you can pass on your share of the property in your will.' The choice is not fixed for life — guidance confirms owners 'can change from being either' type 'to' the other, for example on marriage or divorce, and 'There's no fee to do this.'

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Official sources

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