What is a Tenancy In Common?

Robbie Pedersen
2025-11-04T23:48:25Z

An occupancy in common is a form of joint ownership of residential or commercial property and land in the UK.

There are 2 kinds of joint ownership of homes and land in the UK. Those two kinds of joint of ownership are called joint tenants and tenants in typical. How you own as a joint owner is really important - especially on death. Here, we describe the tenancy in common.

What is an occupancy in common?

A tenancy in typical is the legal principle where joint legal owners of land in the UK own distinct different shares of any one piece of and or residential or commercial property.

Does a tenancy in typical have to be equal shares?

Unlike a joint tenancy, tenants in common can hold their shares in whatever percentage they please.

What happens when an occupant in typical dies?

You MUST have a will to handle your share of the residential or commercial property owned as occupants in typical. Failing that, the guidelines of intestacy will apply and the law will choose who gets your share of the residential or commercial property.

Unlike an occupancy in typical (being covered here), a joint tenancy will pass instantly by a legal principle called the right or survivorship. This principle does NOT apply to occupants in common - so please MAKE A WILL ...!

Get INSTANT conveyancing QUOTE

What is the difference in between tenants in typical and a tenancy in common?

Tenants in common is the owners themselves, whereas a tenancy in typical is the legal concept (not the individuals).

Is there a limitation on the [variety](https://setiaskyvista.com) of tenant in common joint owners?

There is no limit on the variety of tenant in common owners.

How do I [understand](https://laviniapropertieslanka.com) I own as a tenant in common?

Confirmation of ownership as renters in typical is held at the Land Registry. Unfortunately, the law being the law it is not simple! There is a section of the Land Registry records called the Proprietorship Register. If you own as occupants in typical there is something called a 'limitation' in this part of the Registry records. If in doubt - speak with your [conveyancing lawyer](https://amlaksiyahkal.ir)!

What is a renter in common limitation?

The occupancy in typical limitation is the details held at the Land Registry that validates you are occupants in common (and NOT joint occupants). It is contained within what is called the Proprietorship Register. If in doubt - talk to your conveyancing lawyer who will verify what type of joint ownership you hold your residential or commercial property.

Tenancy in typical shares can be any percentage.

How do I specify my tenancy in common share?

Unlike a joint tenancy (which is instantly equal shares of all owners), an occupancy in typical enables you to own shares in unequal amounts. In the absence of proof to the contrary, then there is still a presumption in law that the joint owners holding as tenants in typical will be equal owners (so eg 50/50 if 2 owners).

If you wish to own in anything other than equivalent shares, you need to carry out and appropriate statement setting out the shares to be held. This is sometimes made complex for instance where one party is intending to pay more toward the upkeep, development or upkeep of the residential or commercial property. Our professional conveyancing lawyers can advice you particularly in relation to your own requirements on this point.

Can I alter from renter in common to joint occupant?

To change from renters in common to joint renters, the renters in common restriction hung on the Land Registry Proprietorship Register should be removed. However grand that sounds (sorry!), it is really a reasonably easy procedure that one of our conveyancing solicitors can assist you with. The significant part of that process is NOT the change itself, but the recommendations that chooses it. The implications of holding either as tenants in common or joint occupants is enormous - especially on the death of a joint owner. Therefore, you should make sure that any changes you make to the joint ownership of land you own is made with care and on an informed basis.

How do I change from joint tenant to occupant in typical?

It is a reasonably uncomplicated process for your conveyancing solicitor to change your joint ownership if for any factor you choose you wish to. The procedure to change from joint tenants to tenants in typical is called 'severing joint occupancy'. This involved placing the occupants in common limitation on the Proprietorship Register at the Land Registry. Speak with among our conveyancing solicitors for aid with this.

What are the advantages of occupancy in common?

The primary benefits of owning as renters in common is that you get to define what shares you own (ie the shares do NOT need to be equal as with a joint tenancy). You can also present your share on death to someone other than a joint owner, and even into a trust (if that suits your scenarios).

Does an occupancy in common save inheritance tax?

No, a tenancy in typical itself does NOT save estate tax. However, it does possibly help with the chance to do so. For example, there are various estate tax (IHT) cost savings plans which might require you to present your share of a collectively owned residential or [commercial property](https://www.zambianhome.com) on death to somebody or something (eg a trust) on your death. This can just be done when holding the joint ownership as occupants in typical.

So the tenancy in common itself does NOT make any IHT cost savings, but it might assist in [tax cost](https://realestatemart.com.gh) savings planning plans. Gifting a residential or commercial property (especially your home) to anyone other than the surviving owner may well be a significant action and you should constantly approach any scheme with care, and having taken specialist independent legal advice.

Does a tenancy in [typical](https://onshownearme.co.za) avoid care home costs?

The mere ownership as tenants in common does NOT prevent care charges. It does nevertheless facilitate the opportunity to explore care cost planning for example with things such a residential or commercial property trusts. This location of the law is frequently (and possibly glibly) over simplified when it is fact an area littered with problems and disputes. Gifting your share of a residential or commercial property to anyone whether throughout your lifetime or on death is a substantial step, and one that need to not be taken lightly. Please take specialist independent legal advice from a solicitor and or monetary planner certified to advise you on all of the advantages and disadvantages of this location.

Got a concern about occupant in typical?

Whatever your position, if you have a question about tenants in common, or any other related topic that we have actually not covered here - do please reach one of our expert solicitors. You can email us property@qlaw.co.uk, or [telephone](https://www.property.aygodam.com) us on 03300 020 365.

Watch our video on Joint Ownership

Share this post ...

Phone

03300 020 365

property@Qlaw.co.uk!.?.! Trending What needs to

occur before
Exchange of Contracts? Views: 21,679 What is an Agreement
Pack? Views: 20,358
What are Conveyancing Enquiries
? Views: 17,934 What occurs in between Exchange and Completion? Views: 17,388 What is Form TA7- Leasehold Information Form Views: 15,547

Top 10 Conveyancing Enquiries( Enquiries)
Views: 14,465

What is the difference in between a Property buyer's Report
and a full Building Survey? Views: 14,163 Joint Tenancy or Tenancy in Common? Views: 13,065 What is Exchange of Contracts
? Views: 12,827 How
to total kind TA10 Fixtures & Fittings Form
Views: 11,424

About the Author: Neil Quantick 8 Comments 1. Anonymous
2nd February 2024 at 3:10 pm- Reply We are considering an occupancy in common agreement as
my partner wish to buy a share

in my house(

state 25%) This would work well for us as we both have kids from previous marriages and would suggest their inheritance is safe. if he paid me this money directly would it be taxable? or does

it have to be paid off the mortgage?-. Team QLAW! 2nd February 2024 at 3:41 pm- Reply. Thank you for your question- there is actually rather a lot to cover off here! So, to do it effectively, you should each get independent guidance to safeguard your

different (and different) interests - od as that sounds at a point at which you are devoting to each other in a meaningful method! Yes, you would require to hold as tenants in typical, and you would need some sort of declaration setting out who owns what now, and then progressing too. Your mortgage lending institution is most likely to have something to state, and you need to call them to ask what their processes are. They might simply consent to your partner being contributed to the title and mortgage, or they may even demand a fresh mortgage application. Yes, dependent upon the' numbers 'Stamp Duty Land Tax( SDLT )might be chargeable. Lastly, if you wish to secure future inheritances (you pointed out children from your particular previous [relationships](https://indiarealtors.in) ), then you MUST make wills. These are likely to need some [type of
will](https://ykrealyussuf.com) trust. QLAW can potentially aid with the above, so do shout if you wish to discuss it
further. Meantime, do remember that our legal guides are simply that, and they need to not be taken as legal suggestions particular to you. Some additional reading that you may find practical: Will Trusts. Second marital relationship and the family home. what is a life interest trust? 2. Anonymous fifth March 2024 at 7:13 pm -Reply. Please can you answer a question for me.In 2021 after my partners death l contacted land windows registry to eliminate my hubbies name as a proprietor but several years ago we did tenants in [typical naming](https://demo1.xpertixe.com) my son.l can't find anything in my will specifying this.l do have Restriction shown on register which l do not comprehend however feel that his name ought to be on register.l am [worried](https://allmineestates.in) as he [resides](https://homeleaderrealty.com) in your house with me that ought to all my funds be utilized on Nursing home charges he would have to offer. l would b3 grateful if you might clarify that he would own half the residential or commercial property and therefore safe.He is called in my will as sole beneficiary.Many thanks

-. Team QLAW! 7th March 2024 at 11:34 am - Reply. Hi and thank you for your exceptional concern.

The evaluation of assets is a concern of fact, and as such if your kid now owns half he owns half! Naturally, this should be reflected properly in the legal title, and if it is not you may want to put this ideal quicker than later? This is something QLAW and aid with - please contact our residential or commercial property group at property@qlaw.co.uk!.?.! Meantime, you might find this article just recently posted on our website of interest. It looks( in some depth) at the concern of' care cost preparation' Thanks again for reaching out with your legal question. Do

let us understand how you found your QLAW experience Reviews 3. Madelaine 15th March 2024 at 1:34 pm- Reply. Hello. I

wish to purchase my very first home nevertheless as a single party I am unable to borrow as much as a joint occupancy. If I had the ability to divide with my partner 75%( me )and 25%( him) does this mean we can get separate mortgages and I will have the ability to get a higher LTV ratio? Thank you 4. sarah 25th June 2024 at 10:31 am -Reply. my partner and I paid equal deposit

of ₤ 7500 which was 7.5% each of home price when we purchased house in 1997. I then paid all mortgage payments and spent for a loft extension and double glazing. the other party contributed absolutely no, I settled the mortgage with an inheritance in 2005. I have actually applied to change from joint to in common will I have a case to claim a big portion in court. I have evidence all payment came out of my account and other party never worked 5. Andre fifth August 2024 at 9:01 am - Reply. Hi,. I have a share in your house I live in which is Tenants in Common. I have almost one

3rd share of the residential or commercial property. If one of the other share holders wants to offer their one 3rd share, will the entire home have to be offered, i.e. will I have to move out of the residential or commercial property? lots of thanks Andre-. Neil Quantick 5th August 2024 at 9:22 am- Reply. Hey Andre, and thanks a lot for connecting to QLAW. Whilst we can not recommend you particularly on your particular situations,
this inquiry
does turn up from time and time and is basically one of a useful nature. If you( or anybody else) can' purchase out' the
share wishing to leave then terrific. If you can not, then there is no alternative but to sell.