What’s the difference between joint tenants and tenants in common?
The main difference is how the ownership is shared. If you’re tenants in common, you own separate shares which can be of varying percentages. In a joint tenancy, you jointly own 100 percent of the property with the other owners.
A joint tenancy is usually preferred by couples as:
- You both have equal rights to the whole property
- The other owner(s) will inherit the property if you die
- You cannot pass the property on to someone else in your will
In Scotland, this type of ownership is called 'joint owners with a survivorship clause'.
Both types of joint ownership have advantages and disadvantages. A tenancy in common is a more complicated agreement than a joint tenancy, as the property it is not automatically left to the surviving owner(s). This means that if one person becomes ill, or cannot keep up with their mortgage repayments, the remaining owner(s) could face difficult circumstances. For example, if one tenant goes into care, their share of the property is usually passed to the local authority, making it harder for the person living in the home to sell it. This is where a deed of trust comes in handy for tenants in common.