Selling a House in Joint Names

In England and Wales, around a third of all residential property is owned in joint names — by couples, family members, friends, or business partners. While joint ownership works smoothly in most cases, selling can become complicated if the co-owners disagree, if their contributions to the purchase price were unequal, or if one owner is abroad, incapacitated, or in financial difficulty.

This guide explains the legal framework for selling a jointly owned property, covers the key difference between joint tenants and tenants in common, and sets out what happens when co-owners cannot reach agreement. It applies to England and Wales; the rules in Scotland and Northern Ireland differ.

How joint ownership works in England and Wales

When two or more people buy a property together, they hold it on what the law calls a trust of land. The legal title is registered at HM Land Registry in the names of up to four co-owners (the legal owners), while the beneficial interest — the right to the proceeds — is divided between all the owners according to either joint tenancy or tenancy in common rules.

Understanding which type of co-ownership you have is the essential first step before selling, because it determines how the sale proceeds will be shared.

Joint tenants vs tenants in common

How to check which type of ownership you have

The title register at HM Land Registry will confirm the position. If it contains a Form A restriction — a standard entry stating that a sole owner cannot deal with the property alone — the property is held as tenants in common. If there is no such restriction, the property is most likely held as joint tenants. You can obtain a copy of the title register online at the Land Registry portal for £3.

If there is any doubt, your conveyancing solicitor can confirm the position by reviewing the original transfer deed from the time of purchase. For a full list of the title documents you will need when selling, see our guide on the documents needed to sell a house.

Both owners must agree to sell

This is the most important practical point about selling a jointly owned property: all legal owners must consent to the sale and sign the TR1 transfer deed before ownership can pass to the buyer. HM Land Registry will not register the transfer without the signatures of all owners named on the title.

This means that if you and your co-owner agree to sell, the process is identical to any other residential sale. Both of you instruct a conveyancing solicitor (you can use the same firm, provided there is no conflict of interest), you both sign the contract for sale and the TR1, and on completion the proceeds are distributed according to your ownership shares.

For a detailed explanation of what the TR1 covers and what you are signing, see our guide on the TR1 transfer deed explained.

How the sale proceeds are divided

After the mortgage is repaid and the solicitor's fees, estate agent fees, and other costs are deducted, the remaining net proceeds are divided between the owners as follows:

• Joint tenants: Always 50% each, regardless of who paid the deposit, who made mortgage overpayments, or who funded improvements.
• Tenants in common: According to the shares recorded in the declaration of trust or the original transfer deed. If no shares were ever formally declared, the starting point is an equal split, but either party can argue for a different division based on their financial contributions.

What is a declaration of trust?

A declaration of trust (sometimes called a deed of trust) is a written document that records the beneficial shares of co-owners. It can also set out what happens if one owner wants to sell and the other does not, what notice must be given before selling, and whether either owner has the right to buy out the other before the property goes to market.

A declaration of trust is not compulsory, but it is highly advisable for any tenancy in common where contributions are unequal. Without one, disputes about entitlement must be resolved through court proceedings, which are expensive and slow. Your solicitor can draft a declaration of trust for a relatively modest fee — typically £200 to £500 — before or during a sale.

What if one owner refuses to sell?

If you want to sell but your co-owner refuses, you have limited options short of going to court. The process is governed by the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

Step 1: Try to reach agreement

Before taking legal action, explore every avenue for resolving the disagreement. This might involve:

• Direct negotiation, ideally with the help of a mediator
• Offering the refusing owner the right to buy out your share at an agreed valuation
• Agreeing to delay the sale until a specific date (e.g. the end of a tenancy or the completion of a renovation)

For situations involving a breakdown in a relationship, see also our guides on selling during a divorce and selling after separation when not married.

Step 2: TOLATA application to court

If agreement cannot be reached, any co-owner with a beneficial interest in the property can apply to the court under Section 14 of TOLATA for an order for sale. The court must then consider the factors set out in Section 15 of the Act:

• The intentions of the person or persons who created the trust (i.e. the purpose for which the property was originally purchased)
• The purposes for which the property is currently held
• The welfare of any minor children who occupy, or might reasonably be expected to occupy, the property as their home
• The interests of any secured creditor (such as a mortgage lender)

In most cases where there are no dependent children and the original purpose of the trust (e.g. cohabitation) has ended, the court will grant an order for sale. However, a TOLATA application is not a quick fix: the process typically takes six to twelve months and legal costs can easily reach £5,000 to £20,000 or more. It is always preferable to negotiate a resolution before issuing proceedings.

For a detailed explanation of when courts can compel a sale, see our guide on forced sale of property.

Severing a joint tenancy

If you currently hold as joint tenants but want to convert to a tenancy in common — for example, to protect unequal contributions or to be able to leave your share by will — you can sever the joint tenancy at any time by:

1. Serving a written notice of severance on the other owner (this can be done unilaterally — you do not need the other owner's consent)
2. Registering a Form A restriction at HM Land Registry to protect the change on the title

Severance takes effect immediately on service of the notice and converts the ownership to a tenancy in common in equal shares (50/50) unless a court order or declaration of trust specifies different shares. It is irreversible: once severed, the joint tenancy cannot be reinstated without creating a new one.

Severance is particularly important if a relationship is breaking down, because it removes the right of survivorship. Without severance, if a joint tenant dies during a dispute the other owner automatically inherits their share — even if that is not what the deceased would have wanted.

Capital gains tax when selling a jointly owned property

Each co-owner is assessed separately for Capital Gains Tax (CGT) on their own share of the gain. The key points are:

Non-UK resident co-owners have additional reporting obligations: they must report the disposal to HMRC and pay any CGT due within 60 days of completion, using the HMRC online service for non-residents selling UK property. This applies even if no tax is ultimately payable.

What if one owner lives abroad?

The sale can still proceed, but there are practical complications. The overseas owner must still sign the TR1 and the contract for sale. Options include:

• Remote signing: The overseas owner can sign documents posted to them, provided their signature is witnessed by a notary public or equivalent official in the country where they are based. The solicitor will need to verify the notary's credentials.
• Power of attorney: The overseas owner can grant a lasting or ordinary power of attorney to a trusted person in England and Wales, who can then sign on their behalf. The power of attorney must be in the correct form for property transactions.
• Electronic execution: Some solicitors now use qualified electronic signature platforms that allow remote signing of deeds, subject to the requirements of the Land Registration (Amendment) Rules 2020.

Additionally, the overseas owner will likely be subject to UK non-resident CGT rules (see above). Solicitors are also required to carry out enhanced anti-money laundering checks on overseas clients, which can add time to the process.

The conveyancing process for a joint sale

Aside from the requirement for both owners to sign, a joint sale follows the same conveyancing process as a sale by a single owner. The key stages are:

1. Both owners instruct a conveyancing solicitor (the same firm can usually act for both, provided there is no conflict of interest)
2. The solicitor obtains official copies of the title register and title plan from HM Land Registry
3. The solicitor prepares the contract package, including the contract for sale, the TR1 transfer deed, and the standard property information and fittings and contents forms — all of which must be approved by both sellers
4. On exchange of contracts, both sellers are contractually bound to sell on the agreed completion date
5. On completion, the buyer's funds are received, the mortgage is repaid, and the net proceeds are distributed to the sellers in their agreed shares

The typical timeline from accepted offer to completion is 12 to 16 weeks, though this can vary. For a detailed breakdown of the timeline, see our guide on how long conveyancing takes.

Costs of selling a jointly owned property

The costs of selling are broadly the same as for any other residential sale. Both owners are responsible for these costs and they are typically deducted from the sale proceeds before the net amount is divided. The main costs are:

• Estate agent fee: Typically 1% to 3% of the sale price (plus VAT)
• Solicitor's conveyancing fee: Usually £800 to £2,000 plus VAT and disbursements
• HM Land Registry fee: Payable by the buyer, not the seller — but sellers pay for official copies of the title register
• Mortgage redemption fee: Some lenders charge an early repayment fee if you repay the mortgage during a fixed-rate or discount period — check your mortgage terms
• Declaration of trust: If you need one preparing or updating, typically £200 to £500

For a full breakdown of all the costs involved, see our guide on solicitor fees for selling a house.

Practical checklist for selling in joint names

1. Confirm how you hold the property. Check the title register at HM Land Registry to determine whether you are joint tenants or tenants in common.
2. Agree on the split of proceeds. If you are tenants in common and do not have a declaration of trust, agree the split in writing before going to market. Your solicitor can formalise this cheaply.
3. Consider severance. If your relationship with the co-owner is uncertain, severing the joint tenancy protects each owner's share for their own estate.
4. Instruct a conveyancing solicitor early. Both owners should engage a solicitor before accepting an offer so the legal pack can be prepared in advance. This reduces delays once a buyer is found.
5. Coordinate signing. If one owner is abroad or difficult to contact, arrange a power of attorney or remote signing logistics before the sale is agreed.
6. Plan for CGT. If the property is not your main home, each owner should get tax advice before completion to understand their CGT exposure and reporting obligations.
7. Agree on the distribution of proceeds. Instruct your solicitor on how to distribute the net proceeds on completion — they will need bank account details from each owner.

Sources

• Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), Sections 14 and 15 — legislation.gov.uk
• HM Land Registry — Practice Guide 24: Private trusts of land — GOV.UK
• HM Land Registry — How to register a change in ownership (Form A restriction) — GOV.UK
• Land Registration (Amendment) Rules 2020 (electronic execution of deeds) — legislation.gov.uk
• HMRC — Capital Gains Tax: what you pay it on, rates and allowances — GOV.UK
• HMRC — Report and pay your Capital Gains Tax (non-UK residents selling UK property) — GOV.UK
• The Law Society — Co-ownership of property — lawsociety.org.uk
• Insolvency Act 1986, Section 335A — legislation.gov.uk

Related guides

• Selling a House After the Death of a Spouse
• Selling a Property as a Company (Not an Individual)
• Selling a House with a Lodger
• Selling Your House for Health Reasons
• Selling a House with Equity Release
• Selling After a Transfer of Equity
• Selling a Property in a Retirement Village

Frequently asked questions