Joint Tenants or Tenants in Common? A Guide for Muslim Couples

More and more Muslim couples are buying property together. Many buyers do not realise that the way they register their joint ownership in England and Wales affects what happens to the property when one owner dies.

When you buy a property, your conveyancer will ask you a serious question: do you want to own the property as joint tenants or tenants in common?

This article explains the key differences. It also outlines why many Muslim couples choose to hold property as tenants in common so their share can pass according to their Islamic Will.

Understanding Beneficial Joint Tenants

If one joint tenant dies, the property automatically goes to the surviving owner. This happens regardless of what a Will says. The legal term for this is the right of survivorship.

Why Many Muslims Choose Tenants in Common

Many Muslim couples want each person’s share of a jointly owned property to pass through their Will, in a way that reflects the Islamic inheritance principles they wish to follow.

With joint tenants, the right of survivorship means that an owner’s interest passes automatically to the surviving owner. It does not pass under that owner’s Will.

With tenants in common, each owner has a distinct share. Those shares can be equal or unequal. When one owner dies, their share does not automatically pass to the other owner. Instead, it can pass under their Will. If there is no valid Will, the rules of intestacy apply.

For this reason, many Muslim couples consider tenants in common alongside a valid Islamic Will. The appropriate approach depends on your circumstances, your legal documents and the Islamic guidance you follow. Obtain specialist legal and, where appropriate, religious advice before changing the ownership of your home.

How to Check Your Current Property Ownership

1. You can download a copy of your title register from HM Land Registry. The current fee is £7.
2. Look at the Proprietorship Register section. If you hold the property as tenants in common, you will usually see a Form A restriction.
3. The restriction typically states: “No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.“

HM Land Registry documents do not always state your exact shares. You may need to check your original purchase documents or any separate trust deed. If you are unsure, consult a conveyancer or solicitor.

How to Change to Tenants in Common

If you currently own your property as joint tenants, you can change this to tenants in common. This process is called severance of joint tenancy.

1. Agree the change: If both owners agree, you can apply to register a Form A restriction.
2. Complete Form SEV: Download and complete Form SEV from GOV.UK.
3. Submit to HM Land Registry: Send the completed form to HM Land Registry. There is currently no fee to register this restriction if both owners agree.

If the other owner does not agree, the process requires serving a written notice of severance and providing supporting evidence. You should seek legal advice if this applies to you.

Please note: This article provides general information and does not constitute legal or financial advice. Changing property ownership can have legal and tax consequences. Always speak to a specialist about your specific circumstances.

Discuss Your Islamic Will Options

Changing your property ownership to tenants in common is only the first step. You must also prepare a valid Islamic Will to ensure your share passes correctly.

If you are starting from the basics, read 5 Reasons Every Muslim Should Make an Islamic Will. To discuss the available Islamic Will options for your own circumstances, contact Qadar Wills.

For Muslim families in Maidstone and across Kent, Qadar Wills can discuss the available options and arrange a home visit where appropriate. Contact Qadar Wills to discuss a Kent home visit.

Last reviewed: 11 August 2026 by Russell Ali