How to tell if a house is owned as joint tenants or tenants in common

This is relatively easy if the property is registered, which is true for the vast majority of property in England and Wales.

The title register will show how the property is owned. A copy can be downloaded from the Land Registry’s website for a small fee. 

Interpreting Land Registry title register entries

If the title register shows only one registered owner (the deceased), the deceased owned the property solely.

If the title register shows two or more registered owners (including the deceased), the deceased owned the property jointly.

If jointly owned, check the register for the following text:

"No disposition by a sole proprietor of the registered estate  (except a trust corporation) under which capital money arises is  to be registered unless authorised by an order of the court."

This is known as the “Form A restriction”. If this text is present, it means the property is held as tenants in common. If it is absent, it is held as joint tenants.

(It would be much better if the register entries included the phrase “this property is held as joint tenants / tenants in common”, but, as you may be aware, lawyers often do not make life easy!)

The exception: a severance of joint tenancy

It is possible that the title register does not show the up-to-date position, because it is possible to “split” a joint tenancy so that it becomes tenancy in common. This may have been done for tax planning purposes, though it is less common today than it used to be. The title register should have been updated at the time of the split, but sometimes it is not.

If you suspect the ownership of the property may have been split, check the deceased's belongings and with the deceased’s solicitor (if any) for a severance of joint tenancy. The severance does not have to be in writing, but almost always it will be.

Unregistered land

Some land in England and Wales remains unregistered, though such land is increasingly rare. In the unlikely event that the deceased’s house is unregistered, it will be necessary to check the deeds to the property. There should be a conveyance which states whether the house was conveyed as joint tenants or tenants in common.

Can you assume the property is held as joint tenants?

By default, jointly-held property is owned as joint tenants, and typically this remains the case for joint owners such as married couples and civil partners. However, houses are often jointly owned as tenants in common, whether for personal or business reasons, for inheritance tax planning or for some other purpose.

Therefore it should not be assumed that a property is held as joint tenants.

The distinction is important: see our guide “joint tenants and tenants in common: what’s the difference?”.