People often call the customer support team at HM Land Registry to ask about joint ownership of a home.
They want to know what the difference is between joint tenants and tenants in common.
And they might want to know how they can find out which type of ownership they have.
Our support team at HM Land Registry can’t always tell you this, as it’s not necessarily stated in the documents we hold - but there are a few ways you can find out.
There are a variety of documents relating to property ownership which may hold some information on your type of ownership.
Let’s take a closer look at the ways you can own a home, what it means and how to find out which kind of joint ownership you have.
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What do the terms ‘joint tenant’ and ‘tenant in common’ mean?
If you buy, inherit or become a trustee of a property with someone else, you must decide how you want to ‘hold’ the property together.
There are two ways you can become a joint owner of property under UK law: as either ‘joint tenants’ or ‘tenants in common’.
The type of ownership you choose affects what you can do with the property if your relationship with another owner breaks down, or if one owner dies.
Your conveyancer will discuss this with you at the point of buying or inheriting the property, and include your choice when they register the property with HM Land Registry.
What are joint tenants?
As joint tenants (sometimes called ‘beneficial joint tenants’):
You have equal rights to the whole property – neither one of you has a specific “share” in the property
The property automatically goes to the other owner(s) if you die
You cannot pass on your ownership of the property in your will
It is much more difficult to sell the property without the agreement of all joint tenants
What are tenants in common?
As tenants in common:
Each of you will own a specified share in the property, which may or may not be an equal share
The property does not automatically go to the other owner(s) if you die
You can pass on your share of the property in your will
How you can find information on your joint ownership
We always recommend you contact your solicitor or conveyancer to check the type of joint ownership you have if you’re unsure.
They should have several documents that may hold information on your joint ownership and they can usually provide you with more information than HM Land Registry.
Ask your conveyancer if they have the following documents:
A trust deed, which is sometimes used to state each owner's share in a property when they are tenants in common. This is particularly the case when the joint owners are not related and paid different amounts for the property.
A will under which the property was inherited. This may have details of the type of ownership you have and, if relevant, your share in the property.
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Apply for documents held by HM Land Registry
It’s not guaranteed, but HM Land Registry may have some documents that explain your ownership.
If you did not have any luck with your conveyancer, it’s a good idea to apply to HM Land Registry to get copies of the documents.
They may have documents such as a:
Property transfer
Property lease
Deed of gift
They may also hold application forms sent to HM Land Registry when the ownership was registered. Forms that may show your type of ownership include:
Application form FR1
Application form AP1
Form JO (if you were registered as a joint owner on or after 15 October 2012)
Form RX1 and Form SEV, which are both used to enter a restriction on the register.
But if you are tenants in common, keep in mind that HM Land Registry does not always hold information on the specific shares each owner holds.
You can apply for any of these documents using the HM Land Register OC2 form. The cost is usually up to £7 for one copy.
Apply for official copies of documents from HM Land Registry
Get a copy of your title register
Your title register might have information on who owns the property, as well as how much the property was last sold for and whether the property has a mortgage.
Download a copy of your title register on GOV.UK.
Here is some useful guidance on how to read your title register.
How HM Land Registry records joint ownership
After you complete your house purchase, HM Land Registry receives your documents from your conveyancer.
We will check panel 10 of your Transfer (TR1) form to check whether you’ve chosen to be joint tenants or tenants in common.
It’s worth double-checking this panel when your conveyancer asks you to sign the form to make sure you choose the right type of ownership for you.
If you choose to hold the property as tenants in common, the HM Land Registry will register a ‘Form A restriction’, which you will see in your title register.
You will not see the words ‘tenants in common’ in your register, so here’s what to look for to see if you have this restriction:
“No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.”
If you choose to be joint tenants, no Form A restriction is added to your register.
What if you did not choose which type of ownership you want?
If you did not select either joint tenants or tenants in common on the TR1 form – or it is not clear which you decided on – HM Land Registry will enter a Form A restriction by default.
This is one reason why seeing the restriction in your title register does not necessarily mean you’re tenants in common. And also why it’s a good idea to check panel 10 before signing your TR1 as described above.
Also, there may be other reasons why a solicitor entered the Form A restriction on the register.
How to change the ownership of your home
Sometimes, over the years, circumstances change and you might want to alter the way you hold your property as a result.
You can find more information on how to change from joint tenants to tenants in common or vice versa on GOV.UK.
HM Land Registry strongly recommends consulting a legal advisor and a financial advisor before making any changes. They can help you consider the possible impact of any decisions you make and how it might affect you either now or at a later date.
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The information in this article applies to England and Wales.