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What does ‘joint tenants’ or ‘tenants in common’ mean on death?

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When a property is owned by two or more people, it can be owned in two different ways – joint tenants or tenants in common.

The way in which you own your property can determine how it is passed when one owner dies.

What does joint tenants mean?

When you own a property as joint tenants, when one of the owners die, the property automatically passes to the surviving owner(s). This is known as the rule of survivorship and happens regardless of the provisions of any Will you have in place.

What does tenants in common mean?

When you own a property as tenants in common and one of the owners die, the deceased’s share passes in accordance with their Will or, if the deceased did not have a Will, then their share would pass in accordance with the Rules of Intestacy.

If you are unsure as to how you own your property, or you wish to discuss this further, our expert solicitors at Johnson Astills would be pleased to assist you.

Our solicitors at Johnson Astills understand that circumstances can change from time to time. That is why, if you wish to prepare a Will to ensure that your share of the property passes to your chosen beneficiaries, or you wish to discuss your options or change the way in which you own your property, please do not hesitate to contact our expert solicitors at Johnson Astills who would be pleased to assist you. You can call us at our office in Leicester or our office in Loughborough. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.

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