Joint ownership means that two or more people are the legal owners of the property. Usually, joint owners are liable for the whole of the payments for any joint loans secured on the property, and decisions about the property are made by all the joint owners.
Married couples or civil partners
Married couples and civil partners who are joint owners are referred to in legal terms as ‘joint tenants at law’. This means that they are each entitled to possession of the whole of the land and the right to occupy it. They are said to hold the property as trustees under a ‘trust for sale’. Married couples and civil partners who are joint legal owners do not necessarily have the same beneficial interests (also known as equitable interests), which are the interests that they would be entitled to receive if the property were sold. They are either:
- beneficial joint tenants (also called ‘joint tenants in equity’), or
- tenants in common.
Cohabitants
Cohabitants who are joint owners are referred to in legal terms as ‘joint tenants at law’ (the use in this context of the word ‘tenant’ has nothing to do with rented property). This means that they are each entitled to possession of the whole of the land and the right to occupy it. They are said to hold the property as trustees under a ‘trust for sale’.
Cohabitants who are joint legal owners do not necessarily have the same beneficial interests (also known as equitable interests), which are the interests that they would be entitled to receive if the property were sold. They are either beneficial joint tenants (also called ‘joint tenants in equity’), or tenants in common (also called ‘equitable’ or ‘beneficial’ tenants in common).
Beneficial Joint Tenants or Tenants in Common
In all cases where both parties are beneficial joint tenants, they are both equally entitled to the whole net financial value of the property. This means that if one of them dies, the whole of the beneficial interest remains owned by the survivor.
If property is owned as tenants in common, it means that each party will have separate and distinct legal shares in the property. These shares may or may not be equal. To determine each tenant’s share of the beneficial interest, it is necessary to look at contributions made and any deed or agreement as to the beneficial interest.
Court Orders for joint ownership disputes
An Occupation Order may allow one joint owner to stay in the property
An Order for Sale may force an unwilling joint owner to agree to sale of jointly owned property
Last Updated on May 1, 2026 by Ashford Advice