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What Happens to a Jointly Owned Property When One Owner Dies?

It depends on how you own it.

What Happens to a Jointly Owned Property When One Owner Dies? Property Legal, Risk & Compliance

Updated October 2026 · Fraser Bond

Legal · Joint ownership

Joint property after a death

Joint tenantssurvivorship
Tenants in commonby will
Checkthe title
Severif needed
In short: If you own as joint tenants, the surviving owner automatically becomes the sole owner, whatever the will says; they update HM Land Registry with a death certificate. If you own as tenants in common, each owner's share passes under their will or the intestacy rules, so the survivor may share ownership with the deceased's heirs. Check the title register for a restriction indicating tenants in common. Mortgages continue and must be dealt with. A joint tenancy can be severed by written notice to change to tenants in common.
Joint tenantsTenants in common
On deathSurvivor owns allShare passes by will
SharesEqual, undividedCan be unequal
Best forCouples wanting simplicityUnequal contributions, blended families

Ownership types

Frequently asked questions

How do I know how we own?

Check the title register for a Form A restriction.

Can I change it?

Yes, by severing the joint tenancy.

Selling an inherited share?

Talk to our team or get a free valuation.

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