By Katarina Morgan

Partner & CEDR Accredited Mediator

05 March 2026

Article Blog

In my last two articles of this mini-series, I covered what happens in the instance a co-owner’s name is not on the title deeds. But what happens if they are and the parties made different contributions?  

During the conveyancing process of a property purchase, the question will be raised as to whether the property is to be held as joint tenants or tenants in common. The answer will depend on how the parties want to hold the property usually governed by their circumstances.

Joint tenancy means that whatever each party paid towards the property (even if that is not equal), they will each own a 50% beneficial share of that property. Joint tenants are also bound by the concept of survivorship, meaning that if one joint tenant dies, their interest will automatically pass to the other by law. (NB: this article does not cover what happens in the instance the parties are married or in a civil partnership.)

Conversely, tenants in common means that each co-owner will hold a beneficial share equal to what they contributed towards the property, and this will almost always be recorded in a declaration of trust or in the Form TR1. Tenants in common are held in either equal or unequal shares. The concept of survivorship does not apply to properties held as tenants in common meaning that if a co-owner dies, their beneficial share in the property falls to their estate.

If parties hold a property as joint tenants, they can sever that tenancy by serving notice onto the other co-owner. When this is done, the tenancy converts to a tenancy in common held in equal shares. Tenants in common can convert to joint tenancy but this is more complicated and will require certain formalities to be complied with.

So, if co-owners purchased a property together, their names are on the title deeds, and you know on what basis that property is being held (joint tenants or tenants in common in (un)equal shares), the next step is to consider how much each owners’ beneficial share is.

In the event of joint tenancy, the starting point will be 50/50, but in the event of a dispute, consideration should be taken whether that tenancy should be severed; the facts will very much determine what the best option is here.

If a property is held as tenants in common in unequal shares (or in equal shares and a party wishes to assert it is unequal), an equitable accounting exercise will usually be required. This is where financial contributions towards the property are considered such as mortgage payments, renovations, etc.

In the instance where there is no dispute, if they don’t already have one, the parties may want to record their beneficial share ownership in a declaration of trust. At that point, advice can be given as to whether the property should continue to be held as joint tenants (assuming that is the case) or whether a tenancy in common would be better placed.

If there is a dispute and the parties cannot agree what the beneficial split is, the Court’s assistance may be required to make a declaration based on evidence. Commonly, a party making this application will also ask the Court to make an order for sale, either for one party to buy out the other or for the property to be placed on the open market.  

Whatever the situation is, the facts will always determine the legal position. It is therefore important legal advice is sought as soon as possible.  

This is part 3 of a series of 4 mini-articles covering TOLATA (Trusts of Land and Appointment of Trustees Act 1996)

If you wish to discuss any of the issues highlighted in this article, please contact a member of our team here.

Disclaimer: General Information Provided Only

Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.