Buying a home together in England:
how are our shares recorded?

“Tenants” does not mean renters here

In England and Wales, joint tenants and tenants in common describe co-ownership here, not rental arrangements. HM Land Registry distinguishes the registered legal estate from the beneficial interest. The legal estate is held together as a whole; the two choices below concern how the beneficial interest is held. (F4)

Joint tenants and tenants in common

Joint tenants have equal rights to the whole property, without individual shares. Tenants in common each have a separate share, which can be equal or unequal. (F1, F4)

Discuss contributions separately from the ownership choice. Do not assume a particular structure or share because you are spouses or siblings. Ask your solicitor how your intentions will be documented.

Where are the shares recorded?

Share percentages are not recorded in the title register. It records the legal estate, not the division of beneficial interests. Share information may be in the transfer deed, lease or a separate declaration of trust, also called a trust deed. (F2, F4)

A separate trust deed may not have been sent to HM Land Registry. Request the signed document and confirmation of where shares are set out from your solicitor; the register alone is insufficient. (F4, F5)

Our post-purchase title check guide covers the general register and registration follow-up.

What does a Form A restriction show?

A Form A restriction is not a list of percentages. Broadly, it restricts registration of a disposition by a sole registered proprietor under which capital money arises, unless authorised by a court; its wording excepts a trust corporation. It protects interests under the trust during dealings. (F6)

HM Land Registry enters Form A when tenants in common is selected, but also where the choice is missing or unclear. Its presence alone is therefore not conclusive evidence of a particular ownership arrangement or shares. (F5)

Checking ownership and changing it with Form SEV

Review the transfer, any lease and declaration of trust together. GOV.UK recommends asking a solicitor or conveyancing professional if you are unsure about your ownership type. (F2)

Changing from joint tenants to tenants in common is called severance of joint tenancy. GOV.UK explains using Form SEV to apply for a Form A restriction. Evidence requirements differ depending on whether the other owners agree; a change without agreement involves written notice and evidence of service. Confirm the correct form and supporting documents with your solicitor. (F3)

What happens when an owner dies?

For joint tenants, the beneficial interest passes automatically to surviving owners by survivorship; you cannot leave a separate share to someone else in your will. A tenant in common’s share does not automatically pass to the other owner and can be left by will. (F1)

Our UK Inheritance Tax and probate guide covers tax and estate administration. This page does not recommend inheritance shares or will arrangements.

SDLT where a joint buyer owns another home

If one joint buyer owns another home, the higher rates of Stamp Duty Land Tax (SDLT) may apply. HMRC says that if any buyer is individually liable to higher rates, they apply to the whole transaction. Conditions and exceptions, such as replacing a main residence, matter; the purchased share alone does not decide the result. (F7)

See our stamp duty guide for rates and exceptions, and disclose each buyer’s existing properties to your solicitor.

Instructions to give your solicitor

• Explain each buyer’s contribution, source of funds and intended way of owning together.
• Ask which documents will record your choice of joint tenants or tenants in common.
• If shares are to be specified, request preparation of the document, an explanation everyone understands and signed copies.
• Ask whether Form A is required and what any restriction limits.
• Ask what your choice means on an owner’s death and which documents would be needed for a later change.
• Disclose every buyer’s existing homes and request a written explanation of the SDLT assessment.

If the jointly purchased home will be used for short stays, separately review our London Airbnb permission checks.