Understanding Property Ownership

There are three main types of property ownership in England and Wales:

One person is the legal and beneficial owner of the property.

Two or more people own 100% of the property together.

If one owner dies, the property automatically passes to the surviving owner(s) through survivorship, regardless of what the will says.
Cannot leave a share to anyone unless the tenancy is severed.

Joint tenants is the default for many couples.

Two or more people own clearly defined shares in the property (e.g. 50/50, 60/40).

Each owner can leave their share in their will, or transfer it into a trust.
No automatic survivorship. If there is no will, their share passes under intestacy rules.
Probate will be required for the deceased's share.

Clients often don't know how they own their property. Always check the title deeds via the land registry.

	Sole ownership	Joint tenants	Tenants in common
Owners	1	2 or more	2 or more
Ownsership structure	Individual owns entire property	All owners hold 100% jointly	Each owner holds a defined share
Who inherits on death?	Property passes under will or intestacy	Surviving owner	Share of property passes under will or intestacy
Can it be gifted in a will?	✅	❌	✅
Probate required on death?	✅	❌	✅
Can have unequal shares?	N/A	❌	✅
Can be put into trust?	✅	❌ (must sever ownership first)	✅

Understanding the different forms of property ownership is essential when advising clients on estate planning. Ownership type affects what can be gifted, who inherits on death, and whether probate is required.