What does “tenants in common” mean?

When you own a property as tenants in common, you and the other co-owners each own a specific share of the property. These shares don’t have to be equal, you could own 60%, your co-buyer 40%, or any other split that reflects your financial input. Each of you can leave your share of the home to someone else in your will, and you’re not automatically entitled to each other's share if one of you passes away. This is a key difference compared to joint tenants.

Tenants in common vs joint tenants: What’s the difference?

If you own a property as tenants in common:

  • You each own a defined share, which doesn’t need to be equal.
  • You can pass on your share to someone in your will.
  • It’s common where buyers are putting in different amounts.


If you own as joint tenants:

  • You both own the whole property equally.
  • If one of you passes away, the property automatically goes to the other.
  • It’s usually the go-to option for married couples or partners who want equal rights.

How do you set up tenants in common?

You’ll need a solicitor or conveyancer to set this up during the property purchase. They'll draw up something called a Declaration of Trust, which outlines exactly how the ownership is split. You can also change from joint tenants to tenants in common later, this is called a “severance of joint tenancy” and involves updating the Land Registry.

What about mortgages?

Here’s where it gets a little trickier. While you can own a property in shares, your mortgage is likely to be a joint mortgage, which means you’re both fully responsible for repaying the whole loan, not just your share. That means if one of you can’t pay, the other has to cover the full amount. So it’s a good idea to have clear agreements in place, and talk to a broker about what’s possible for your situation

What are the benefits of tenants in common?

✅ Flexibility: You can own different proportions depending on what each person contributes
✅ Control: You choose who inherits your share – it doesn’t automatically go to the co-owner
✅ Protection: Especially useful for people buying with someone who isn’t a spouse or partner

And the downsides?

❌ No automatic inheritance: Which might not suit couples who want everything to pass to each other
❌ Joint liability for the mortgage: Even if you only own a smaller share, you’re still on the hook for the full loan
❌ More paperwork: You’ll need legal documents to protect each person’s interest

Is tenants in common right for you?

If you're buying a home with someone you're not married to, or you're contributing different amounts, tenants in common can give you the flexibility and protection you need. Want to know what it means for your mortgage? That’s where we come in.

In a nutshell

Owning a home as tenants in common means you and your co-owners can each own different shares and pass them on separately. It offers more flexibility than joint tenancy, but comes with a few financial and legal wrinkles to iron out.

Buying with someone else? Lets make it easier!