01/09/2026
Tenants in Common vs Joint Tenants: What's the Difference (and Why It Matters).
When two or more people buy a property together, the law asks a simple question: how do you want to own it together?
There are two answers:
Joint Tenants or Tenants in Common. And the one you choose changes what happens to your money, your share, and your estate.
Let's break it down in plain English.
1. Joint Tenants: "We own it all, together."
With Joint Tenancy, you don't own a slice of the property. You both own the whole thing, together, equally.
The big feature of Joint Tenancy is something called the right of survivorship. If one owner passes away, their share automatically goes to the surviving owner, no matter what their will says.
That's why Joint Tenancy is the classic choice for couples buying a home to live in.
2. Tenants in Common: "We each own our own share."
With Tenants in Common, each owner holds a defined share of the property. That share can be equal, or not.
You can own 50/50
You can own 70/30
You can own 25/25/25/25 with three mates
And here's the key difference: Your share is yours. You can sell it, transfer it, or leave it to whoever you like in your will. There's no automatic right of survivorship.
Why this matters for property investors?
If you're investing with anyone who isn't your spouse - a sibling, a friend, a business partner, or a group of co-owners, Tenants in Common is almost always the structure that makes sense. It lets everyone's contribution be recognised on Title, protects each person's share for their own estate, and allows unequal splits that match unequal deposits.
The takeaway.
Choosing the right structure at purchase is far easier (and cheaper) than fixing it later. If you're buying with someone else, get this decision right on day one.
*This is general information only and not legal advice. Speak to a solicitor or conveyancer about your specific situation.*
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