If you own a home with a spouse, civil partner, family member or even a business partner, you may assume that your share of the property will be passed on to them when you die. This is true if you are “joint tenants”, but the arrangement doesn’t suit everyone, especially those with blended families. In that case, it may be better to become “tenants in common”.
MW Legal, wills for tenants in common
At MW Legal, we specialise in wills for tenants in common. We’ve helped hundreds of joint owners to protect their share of the property, ensure both owners are protected when the other passes away, and honour their individual wishes.
Whether you’ve recently bought a home with someone or your circumstances have changed, perhaps due to a second marriage, we can help you create a legally binding will that clearly reflects your intentions.
This is about making sure that when the time comes, the right people inherit the right share of the property. No confusion, no stress, no disagreements: just peace of mind.
What does “tenants in common” ownership mean?
Owning a house as tenants in common means each person owns a defined share of the property. That doesn’t necessarily mean an equal share; you can agree on different proportions depending on your separate contributions to the purchase price, e.g. 60/40 or 70/30. Once established, tenancy in common means that if one owner dies, their share must be distributed in accordance with their will.
This is in contrast to “joint tenants” (sometimes called “beneficial joint tenants”), who do not have a distinct stake in the property. When one of them passes away, the property automatically passes to the surviving partner and becomes part of their estate.
Why you should have a will if you are tenants in common
Without a will, the rules of intestacy decide what happens to your assets, including your share of the property. If you own your property as joint tenants, your partner will inherit your share and have the right to do with it as they wish. That means your share could end up going to someone you wouldn’t have chosen, such as a distant relative, or it could skip someone important, like your child from a previous relationship.
A will using your tenants in common ownership allows you to:
- Protect your surviving partner’s right to stay in the property until they die with a Life Interest Trust or a Discretionary Trust
- Decide who inherits your share of the home upon your partner’s passing
- Avoid unnecessary disputes and confusion after your death
We often recommend including a Protective Property Trust in your will (these are also known as Life Interest Trusts), especially for married couples, civil partners, or anyone worried about care costs or care home fees affecting what they leave behind or worried about their share of the home being left to new spouses or children that aren’t their own. This can give your surviving owner the right to remain in the house for life, while still ensuring your share eventually passes to your chosen beneficiaries.
Who can benefit from tenancy in common
Writing a will and owning your home as tenants in common is a wise move for:
- Married couples or civil partners with children from previous relationships
- Unmarried couples or friends who’ve bought a house together
- Business partners co-owning property
- Parents helping adult children onto the property ladder
Read our customer story about Mark and Jane, who came to us looking to become tenants in common and write new wills to protect their blended family.
Our will writing services for tenants in common
At MW Legal, we realise that making a will is a delicate subject for many. That’s why we make the process as straightforward and stress-free as possible. Here is our process:
- Initial conversation – We’ll discuss your situation, including who you own the property with, what you want to happen with your share, and any potential issues or complications.
- Check the title deeds – We’ll confirm whether your home is currently held as joint tenants or tenants in common. If you need to make changes, we can advise on the next steps.
- Recommendations – We’ll explain your options, such as using a Protective Property Trust within your will to ensure everyone’s needs are met.
- Will writing – Our experienced will writers will create your will, explain it in plain English and answer any questions you have. You will be asked to name your beneficiaries, executor (the person responsible for ensuring your wishes are carried out) and trustees (if applicable).
- Will signing – Your will must be witnessed and signed to ensure it’s legally valid.
We’re happy to work with one party or both owners together. And because we work on a fixed-fee basis, you’ll always know exactly what you’re paying and what’s included.
Protect your future today
Joint property ownership comes with big responsibility, and it’s important to protect the people you care about.
Whether you’ve just bought a home, had a change in family circumstances, or simply want to get your affairs in order, we’re here to help you make an informed decision and create a will that reflects your wishes.
Contact us today for a no-obligation chat and take the first step in protecting your future, your assets, and your loved ones.
Frequently asked questions about wills and tenants in common
What happens to my share of the property if I die without a will?
If you die without a will, what happens to your share of the property depends on how you own it (this will be shown in the title deeds).
– If you own your home Jointly, your share will automatically pass to the surviving joint owner, regardless of what the rules of intestacy say.
– If you own the property as tenants in common, your share becomes part of your estate. Without a will, it will be distributed under the rules of intestacy, which means your surviving partner may not have an automatic right to inherit or stay in the property. Instead, your share is likely to pass to your next of kin, such as your children or other relatives.
This can lead to unexpected or upsetting outcomes, especially in blended families or unmarried partnerships. To avoid disputes and protect your partner’s right to stay in the home, it’s a good idea to include a Protective Property Trust in your will. This allows your partner to remain living in the property for life, while still ensuring your share goes to your chosen beneficiaries after they pass away.
Can you help me change from joint tenants to tenants in common?
Absolutely. We can assist you in completing the necessary forms, notifying the Land Registry, and ensuring that your title deeds accurately reflect the change with a Declaration of Severance.
Can a will be challenged if I own property as tenants in common?
Any will can be challenged in court, but having a clearly written and legally valid will significantly reduces that risk. We’ll make sure your wishes are clearly documented so they hold up under any scrutiny. This is especially important when it comes to joint ownership, family dynamics, and protecting your beneficiaries.
