Joint Property Ownership

Who owns my property?

If you’ve lived together for years, you may not know whether or not you own all or some of a property. Most properties are registered with the land registry, which holds the details about the owner(s) of a property. If your property is not registered with the land registry, the owner of the property will be on the title deeds, which are usually held by your mortgage provider. 

Just because your name is on the mortgage, it does not necessarily mean that you own the property. It just means that you are responsible for paying all or part of the mortgage. 

Joint tenants or tenants in common?

There are slight differences between joint tenants and tenants in common. They are the two options for registering your new home after you’ve bought it with someone else.

Joint tenants:

• Equal shares in ownership

• Commonly used by couples

• If one party dies, the ownership will automatically go to the other tenant

• Transferring ownership to someone else in your will is not possible

Tenants in common:

• Mainly used if different shares in ownership are required

• Suitable for more than two people purchasing a property together 

• If one party dies, ownership is not automatically given to the other tenant(s)

• Each party can pass on their share of the property in their will

What happens if the partnership ends?

It’s recommended to sever the joint tenancy and change it to tenants in common. It allows you to leave your share to someone else in your will, if you choose to do so.

Severing a joint tenancy

Contact us to establish your legal position so we can give you advice on severing a joint tenancy.

What is meant by matrimonial home right?

If people are married or in a civil partnership and do not own part of the property, matrimonial home right protects their rights to live in the property despite not owning a share. It gives both parties the right to residence regardless of whose name is on the title deed.