Joint Ownership Form

When property is owned by two or more people for their own benefit, it is expressed to be owned by them either as joint tenants or tenants in common. These are legal terms which may best be described as follows:

For practical purposes, this applies if it is intended you will each hold one equal share in the property. If you sell the property in the future, it will be deemed that you are entitled to equal shares in the sale proceeds.

If one of you dies, the deceased’s share will automatically and immediately pass to the surviving co-owner, irrespective of any direction in your Will or under the terms of the deceased’s intestacy. So, under a joint tenancy, there is always equal share ownership, and upon the death of one of you, the survivor then owns the property on their own – automatically.

If you choose Tenancy in Common, each of you will own a specified share in the property. Your shares may be equal, but they do not have to be.

You may wish to consider this option if one of you has made a larger contribution towards the purchase price of the property and you want this to be recognised when the property is sold or if you separate. Perhaps part of your purchase money was funded by a family member, and you wish to be able to return that money in the event of a sale, or when you die. Perhaps you have children from a former marriage, and you wish to leave a share of your property to them in your will, and not necessarily for your co-owner to inherit the whole house.

In Tenancy in Common, upon the death of one of the co-owners the deceased’s share does not automatically pass to the other surviving co-owner but remains part of the deceased’s estate and can pass as directed under any Will as made by the deceased person (or to his or her next of kin as appropriate if there is no will).

The property can be held by you in unequal shares and may therefore (if you wish) reflect the percentages to which you will each be entitled from any future sales of the property. Unequal shares should be documented in a Declaration of Trust. We can prepare this for you at an extra cost.

Please also note that if co-owners subsequently marry, and ultimately divorce, then their respective shares in the property may be varied by a divorce court as part of a divorce settlement.

As mentioned above, it is often the case that joint purchasers contribute different proportions of the purchase price, or deposit. It is wise to consider having a trust document to stipulate your intentions for your respective % interests in the property and /or the return of your initial contributions in the event of a sale. If you have a complex family or financial arrangements, our dedicated Family team will be able to provide you with specialist advice and a more detailed, bespoke trust document.

If you choose to hold the property as beneficial joint tenants, despite having provided unequal financial contributions towards the purchase price we strongly suggest that each of you seeks independent legal advice to ensure that you fully protect your interests and that you understand your future financial entitlements from the property.

Whether you choose to hold the property under a Joint Tenancy or as Tenants in Common you should consider making or amending your Wills. Roythornes Ltd Private Client department can assist by providing advice on your Wills.