Co-Ownership

If you are buying jointly with someone else, you will need to think carefully about how the property is going to be held from a legal title point of view.

There are two ways of owning property: as Joint Tenants or as Tenants in Common.

The distinguishing feature of a Joint Tenancy is the right of survivorship, meaning that upon the death of a Joint Tenant, the ownership of the property will pass to the surviving joint tenant, regardless of the provisions of any Wills. The entire interest in the property will ultimately vest in the last surviving joint tenant.

As Tenants in Common, each co-owner will hold a quantified proportion of the interest in the property, and each co-owner’s proportion is capable of being left to a third party by Will or under the intestacy rules. The presumption is that the shares in a property will be held in the same proportion to each co-owner’s contribution to the purchase. It is very important that the shares of each tenant in common are expressly agreed and recorded in a Declaration of Trust to avoid any confusion in the future.

The Residential Property Team

Helen Batt

Helen Batt
Partner

Gail Anthony

Gail Anthony
Licensed Conveyancer

Christina Bassett

Christina Bassett
Solicitor

Marie Brown

Marie Brown
Paralegal

Corinne Browne

Corinne Browne
Solicitor

Sharon Callery

Sharon Callery
Licensed Conveyancer

Kerry Carter

Kerry Carter
Chartered Legal Executive

Roisin Kavanagh

Roisin Kavanagh
Paralegal

Matthew Lewins

Matthew Lewins
Trainee Solicitor

Richard Piper

Richard Piper
Solicitor

Claire Shireby

Claire Shireby
Solicitor

Contact us

We recognise how important it is that you have confidence in your legal advisor. Therefore, if you would like to have an initial discussion before deciding how to proceed, please do not hesitate to get in touch.

P : 01892 510 222
F : 01892 510 333
E : info@bussmurton.co.uk

You can also contact individual team members directly by phone or email by clicking on our People page.