Owning land and property with someone else
A simple guide from HM Land Registry for property owners in England and Wales.
Applies to England and Wales
Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to consider the benefits of using a conveyancer (property lawyer).
Joint ownership
HM Land Registry keeps the official record for land and property in England and Wales, called the title register (or, more formally, register of title). This shows who owns the property and is entitled to sell, mortgage or otherwise deal with it.
The title register shows the legal owners of a property, but it does not show who benefits from it financially or how any money would be shared if the property is sold.
This matters because the people named on the title register are not always the same people who benefit from the property.
Owning property with someone else
If you own a property with someone else in England or Wales, there are two different types of ownership:
- the legal estate
- the beneficial interest
These are not the same thing, and understanding the difference is important.
What is the legal estate?
The legal estate is about who legally owns the property.
Key things to know:
- The legal owners are called registered proprietors
- Their names appear on the title register
- If more than one person is named, they own the property together
- This is called owning as joint tenants
(this just means co-owners - it has nothing to do with renting) - The legal ownership cannot be split into shares
- Owning the legal estate does not always mean you benefit from the property
What is a beneficial interest?
A beneficial interest is about who benefits from the property.
This usually means:
- the right to live in or use the property
- the right to get some or all of the money if the property is sold
A beneficial interest:
- can be split into shares
- the shares do not have to be equal
For example:
- one person might have 25%, and
- another person might have 75%
The people who benefit from the property may be the same people as the legal owners - but they do not have to be.
Why the difference matters
The legal estate and the beneficial interest are different. This matters because:
- HM Land Registry only records the legal estate
- It does not record the beneficial interest
- If two or more people own the legal estate, they are holding the property on trust
- This means they hold it for the people who own the beneficial interest
The people who own the beneficial interest may be:
- the same people as the registered proprietors, or
- completely different people
Different ways of owning the beneficial interest
If two or more people own the beneficial interest, there are two main ways they can do this – as joint tenants or as tenants in common. For more information about this, see Joint property ownership on GOV.UK.
How to find information about the beneficial interest
HM Land Registry does not record who owns the beneficial interest in a property, so we cannot say for certain how it is held. For more information read our blog post: What kind of joint ownership do I have?
Changing the type of joint ownership
You can change the way you own the beneficial interest in a property. See our guidance pages for more information:
Change from joint tenants to tenants in common
Change from tenants in common to joint tenants
Changing home ownership when you marry or move in together
You can apply to add someone else as a joint owner of your property.
You can:
- apply yourself, or
- use a solicitor or conveyancer
Selling on behalf of someone else
For information on what to do if someone who owns a house or land passes away, see Updating the register when a property owner dies.
If you are one of two or more homeowners and one owner has lost ‘mental capacity’, which means they cannot make a decision for themselves at the time it needs to be made, see: Selling when an owner has lost mental capacity
A fee applies.
Separation and divorce
If you are married or in a civil partnership, and your husband, wife or civil partner is the only legal owner of your home, you may be able to protect your right to keep living there. For more information, see Staying in your partner’s property during a divorce or separation
Changing home ownership after divorce or dissolution
Sometimes, after a divorce or if a civil partnership ends, the home needs to be put into one person’s name. This is called transferring the home.
This means the ownership changes:
- from two people to one, or
- from one partner to the other
This can happen by agreement or because a court orders it.
If the home is registered
You need to fill in 2 forms:
| Form | Guidance |
|---|---|
| AP1 | How to complete form AP1 |
| TR1 | How to complete form TR1 |
| Practice Guide 24 – Private trusts of land |
If there is a court order, tell us about it in box 11 of Form TR1. You only need to send us the court order if the judge has signed the TR1.
You also need to send us
- proof of identity
- the correct fee (based on the value of the home).
For details of our fees, see Scale 2 of our fee order.
If your home is not registered
You need to fill in 3 forms:
| Form | Guidance |
|---|---|
| TR1 | How to complete form TR1 |
| FR1 | Practice guide 1: First registrations |
| DL |
Find out where to send your forms.
Need help?
These forms can feel tricky – that’s normal. We can tell you how to fill in and send forms, but we cannot give legal advice. If you’re not sure what to do:
- Speak to a conveyancer (property lawyer)
- Check the guides using the links provided