Can a Tenant In Common Force a Sale?
Learn more about this situation, including who can sell, how and why
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Content Written By: Jonny Christie - Last Updated: 04/04/2025
A detailed guide to help tenants in common sell property legally
Buying a house isn’t cheap. According to recent data from Zoopla’s House Price Index, “the average house price in the UK is £267,500 as of February 2025.” However, this cost jumps up to £448,700 if you’re looking at detached houses.
Houses in the UK aren’t getting any cheaper. In that same report, Zoopla shared the below graphic showing that house prices have gone up 1.8% YOY in February 2025. In fact, there was only one city (Aberdeen), where the cost had gone down.
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And that data is just based on the recently agreed sold prices. It doesn’t even take into account the additional expenses you’ll incur. Every corner you turn there seems to be another cost, creating a never-ending bill.
You need to consider stamp duty, which just became more expensive as of the 1st of April. Also moving costs, legal fees, your deposit, surveyor’s costs – the list is endless. Fortunately, there is a way to make buying a house significantly cheaper, by sharing the costs with another tenant.
Have you ever heard of a joint tenancy or tenants in common? If not, that’s no problem. I’m going to look at both in this article, including what happens if one of those tenants in common wants to sell the property when the other one doesn’t.
I’ll also go over the basics of both options, which will hopefully help you decide if one is the right option for your situation. Let’s start with a quick breakdown of joint tenants versus tenants in common.
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What’s a joint tenancy?
A joint tenancy is when each person has equal rights to the whole property. Even if one party contributes more to the finances, the rights are still split 50:50 and any money made on the property will also be equally split.
When buying a property under joint tenancy, a single tenancy agreement will be signed by all parties with the landlord before the sale can be completed. In joint tenancy, all parties have joint responsibility, meaning all must pay for arrears, damage to the property and share of the tenancy deposit.
As Osbornes Law puts it, “This means you must act together as a single entity when making decisions about the property.” This includes selling the property.
What’s a tenancy in common?
Tenants in common means that each party owns a specific share of the property. This could be equal, but it doesn’t have to be. One party could own 70% of the property and the other 30%.
Osbornes Law advises that you divide the ownership by the same percentage that each person contributed to buying the property. Each owner is also entitled to involvement in decisions around property management. This might cover maintenance and repairs. You’ll usually be required to pay in proportion to what you own.
If you’ve bought a house as tenants in common, it’s a good idea to have a ‘Trust Deed’ or ‘Declaration of Trust’ drawn up. This is a legal document, as covered by Elite Law Solicitors, which does two main things:
Details the percentage share of equity owned by each party
Details a method where one party can buy the other party out
If this Declaration of Trust isn’t in place, it can become difficult negotiating each person’s entitlement. It can also make selling extremely messy.
What happens if a tenant in common wants to sell?
If a tenant in common wants to sell their portion of the property, they do not need unanimous agreement from the fellow tenants in common. They can sell their share independently and no one else has a say in who they sell it to. This could mean the tenant in common sells to one of the other co-owners or to a new buyer.
What about if a tenant in common wants to sell the entire property?
If the other co-owners don’t agree, the tenant in common can apply for an order for sale. This would require a court to make a ruling on the sale of the property.
According to Ian McEwan, a property disputes solicitor, the court can appoint an estate agent or agents of your choice. “You can also ask the court to sign the sale documents if you think that the other owner will refuse to do that. In a relatively straightforward situation like this you could have an order for sale within a few months.”
This right to sell is one of the biggest differences between joint tenants and tenants in common. However, it’s not the only difference you need to consider.
Legal processes for selling as a tenant in common
In the below table we’ve outlined three common legal processes for selling as a tenant in common. Depending on your situation, you may need to progress from left to right to sell your property.
| Step 1: Selling Your Share | Step 2: Selling Entire Property | Step 3: Forcing a Sale |
|---|---|---|
| As a tenant in common you are legally entitled to sell your share of the property. You don’t need consent from the other tenant/s to do this. However, it might be worthwhile letting the other tenants know. They may decide that selling the entire property is preferable. | If all tenants agree to sell the entire property, the process is quite straightforward. You just need to go through the usual property sale avenues, such as an estate agent, auction or cash buyer. | If all co-owners don’t agree to sell, you can apply for an order for sale from the court. This is done under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). |
| Make sure you employ a lawyer to ensure all legal documents reflect your owned share and what proceeds you’re entitled to. | The court will come to a decision based on various elements, including the intentions of all parties and the property’s purpose. |
What happens if a joint tenant wants to sell?
The only way you can sell a property as joint tenants is if all tenants agree to sell. As outlined by the Mortgage Adviser Directory, this is because joint tenancy dictates co-ownership where all tenants have equal rights. So in the case of a sale, tenants will receive an equal share of the profit regardless of what they paid initially.
So if one of the joint tenants wants to sell, they can’t do so without the consent of all the other tenants. However, there is one other option in this case: you can convert your joint tenancy into a tenancy in common. That requires first serving a Notice of Severance and applying to register the change with the HM Land Registry’s Citizen Centre to make it official.
The reverse situation is also possible, where tenants in common want to change to a joint tenancy. However, you will need agreement from all owners before applying for this process.
Legal processes for selling as a joint tenant
In the below table we’ve outlined three common legal processes for selling as a joint tenant. Depending on your situation, you may need to progress from left to right to sell your property.
| Step 1: Mutual Agreement | Step 2: Severance of Joint Tenancy | Step 3: Forcing a Sale |
|---|---|---|
| The simplest process. If all tenants agree to sell, you will divide the sale proceeds evenly as per the equal ownership. | As outlined by Stowe Family Law, you can sever your joint tenancy if the other owner/s don’t want to sell. | If the other tenant/s continue to dispute the sale after severance, you can request an order for sale from the court. |
| The joint tenancy will become a tenancy in common with independent shares in the property to be sold separately. | This is done under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). | |
| You will need to serve a written notice to the other tenants and notify the HM Land Registry. You don’t need consent from the other co-owners. | The court will come to a decision based on various elements, including intentions of all parties and the property’s purpose. |
Joint tenants vs tenants in common: advantages and disadvantages
There are advantages and disadvantages to joint tenancy and tenancy in common. We’ve outlined what these are below to help you decide which option is best for you.
Joint Tenancy
| Pros | Cons |
|---|---|
| Rights to survivorship - You have the right to the proportionate share of the other party should they pass away. | No inheritance rights - Rights to survivorship means you don’t have any rights to dictate what happens to your share, should you pass away. |
| Avoid probate – To obtain the rights to the share of the deceased party, you only have to show the death certificate, avoiding a long probate process. | Risk of debt impact – If one joint tenant accumulates debt, creditors may place a charging order on the joint property or apply for a forced sale of the property through court. So you could be impacted someone else's debt. |
| Rights to rent and profit – Should both parties choose to rent out the property, both are entitled to an equal proportion of the rent paid. Also, if there are profits made off the land, all parties are entitled to an equal share. | More responsibility – Along with equal share of the property comes equal responsibility. So you may need to pay more taxes, maintenance fees etc. |
| Simpler process – There’s no need for a document defining the relationship between tenants, as everyone has equal rights. This makes the transaction a more straightforward process. | Potential for more disputes – Because all co-owners must agree on decisions about the property, you could encounter more disagreements requiring legal intervention. |
| Lower initial legal fees – For the same reason as above, you typically pay less legal fees as you don’t need a Deed of Trust. | Unexpected legal fees – For the reason above, you may have to pay more legal fees reconciling those disputes with co-owners. |
Tenants in Common
| Pros | Cons |
|---|---|
| Inheritance rights – You can state in your will what you wish to happen to your share, should you pass away (e.g. leave it to children or partners) instead of it automatically going to the other co-owners. | No rights to survivorship – You won’t automatically receive the other tenant’s share if they pass away. Where it goes will depend on their will. This could cause complications depending on the new co-owners. |
| Savings on inheritance tax - When the last tenant dies, inheritors will have to pay inheritance tax. However, it will be judged on the market value of the last tenant’s portion, not the entire property, so the tax will be much less or nothing at all (if the value is under £325,000 or £500,000 for direct descendants). | All owners required for sale of entire property – In order to sell the whole property, all tenants must agree to sell. Otherwise you may need to go to court. |
| Same rights no matter your share – As outlined on Investopedia, all owners have the same rights to the property and privileges regardless of whether they own 70, 50 or 20 percent. | More complex agreement – Elements like shared financial liability for mortgage repayments and local authorities taking over a tenant’s share if they go into care can create difficulties. |
| Flexibility with owners – You can add or change tenants at any point over the period of ownership. You just need to submit a transfer deed outlining what the new tenant will own and register it with HM Land Registry. | Disputes can cause complications – If one co-owner isn’t happy, they can force a partition action that separates the property into individual, self-managed parts. |
| Flexible ownership shares – You can choose to own whatever percentage of the property you wish. One tenant could own 70%, while another could own 30%. | |
| Freedom to sell – You can independently sell your portion to another owner or new buyer without consent from the other owners. |
Should you choose to be a joint tenant or a tenant in common?
The answer to this question will depend on your specific situation. Ultimately, you will need to weigh up the pros and cons of each and decide which one suits you best. You should also consider how much you want to pay upfront, your relationship with the other co-owner/s and how you’d like your estate handled after you pass away.
Joint tenancy is the popular option for people purchasing property with a relative or partner. This is because each party owns the property equally and contributes to the property bills equally. It also means lower legal fees upfront, due to the process being less complex, which can be favourable if you don’t anticipate any disputes down the line.
The ‘rights to survivorship’ in joint tenancy is another tick for relatives or partners. This could create serious complications if you’ve bought with a friend or business partner and one of you passes away. You may not want your half going to that person at that point, but you won’t be able to stop it.
Stephen J. Dunn wrote about this in an article for Forbes back in 2013. Basically, a mother wanted to give her house to only one of her two sons. However, both of their names were on the joint tenancy agreement and the court “held that placing the sons’ names on the title to the property was a completed gift to each of them” and that the mother would need her son’s consent to remove his name, which he would not give.
It's these little pitfalls that are worth considering before entering into a joint tenancy agreement, even with someone you’re close to.
For this reason, tenants in common seems to be the preferred option for a lot of people share-buying property with friends, business partners or relative strangers. The ability to protect your financial investment, with a formalised Deed of Trust, can be a big benefit. You can also dictate in your will who gets your share after you die.
Some people also like the flexibility to pay and own less in a tenants in common arrangement. This can help buyers with less capital own property in the UK.
Of course, disputes can happen with tenants in common arrangements as well. Buckles Law says it is “extremely important that when cohabiting couples are looking to buy a property, whether it is in their joint names or solely in the other party’s name, there is clear evidence of their intention as to what their shares are” as this can avoid lengthy and expensive court cases in the future.
The other downfall to tenants in common that people want to avoid is owners being able to sell off their portions without consent. If this happens, you may end up co-owning property with someone you don’t know or trust. Or someone who makes your life more stressful.
Why clear declaration documents are so important for tenants in common
There is a way to avoid unexpected legal dramas when you’re in a tenants in common arrangement.
For instance, putting a break clause in your agreement will provide a safety net if someone wants to sell their portion. It could also detail circumstances by which either party can agree to sell. This also helps you avoid spending money on unnecessary court cases.
Example 1: Williams v Williams
The Williams v Williams case detailed by James Thornton Law in November 2024 is a good example of why clear declarations are so important. The case centred around Cefn Coed Farm, which the Williams family purchased in 1986 to run as a joint family business. However, the Williams family hadn’t ever declared whether the property was a joint tenancy or tenancy in common.
When the case was taken to court, this lack of declaration was having “significant implications for inheritance and ownership rights”, where Dorian Williams was arguing for ownership of the property to pass to the surviving co-owner after the death of the other partner. However, the final decision was that Cefn Coed was “held as a tenancy in common due to the farm’s mixed personal and business use” and the fact that there was no declaration of joint tenancy on record.
“Williams v Williams reinforces the importance of clear declarations regarding ownership structures, especially for family-owned business assets.” stated James Thornton Law.
Example 2: Oberman v Collins
Another example of unclear declarations causing expensive court disputes is the case of Oberman v Collins reported by Birketts back in February 2021. This was a situation where an unmarried couple of 20 years had separated and were disputing ownership rights over a shared property portfolio worth £8 million: 12 properties all in Mr Collins’ name.
The court ruled in favour of Ms Oberman’s argument for a 50:50 split, stating that “there was a single portfolio in common ownership” and ordering Mr Collins to pay Ms Oberman an equal share of all rent, profits or sale proceeds.
As Birketts states: “It should also be noted that, had the parties documented their intended shares in the properties at the time of buying them (in an express Declaration of Trust), this litigation might have been avoided.”
So it just goes to show how much stress, time and money you can save if you make sure you create a clear Declaration of Trust right from the start.
How you can sell your property if you’re a tenant in common
Whatever your reason for selling, whether it be a bad partnership or a mutual decision, there are various options available. By selling your property, you’ll be able to split the equity and move on.
If you’re selling a property as joint tenants, the money will be split equally. If you’re selling a property as tenants in common, the money will be divided in accordance with the share owned.
Below are some options for selling, including a quick and effective way to sell your house through a cash buyer. This option might be the best route if you’re dealing with ongoing disputes and unnecessary stress that makes you want to move on as quickly as possible.
1. Estate agent
When you think of selling a property, the first method which probably comes to mind is through the typical route of an estate agent. This will entail an estate agent viewing and valuation. This valuation, should you agree with it, will become your property’s ‘asking price’ on the open market. Once the property is advertised, interested parties will then arrange viewings and, if interested, will place an offer.
Offers placed have no guarantee of being at the asking price of the house and are likely to be subject to a survey. A buyer may reduce their offer or withdraw it completely after a survey.
According to Zoopla, “it takes around 25 weeks to sell a home” in the UK. This timeframe includes getting the property listed and can vary between 17 to 34 weeks depending on numerous elements.
So if you’re looking to quickly get out of your joint tenancy or tenants in common agreement, selling this way may take a lot longer than you’d like. Also, if you’re finding it hard to agree with the other tenants, arranging multiple house viewings may become difficult.
2. Auction
Selling through an auction is usually faster than through an estate agent. Serious buyers attend auctions, and they typically have their finances in place. When a hammer goes down on a deal, contracts are exchanged and a 10% deposit is required. The buyer usually has 28 days to pay the remaining 90%. This could result in a pretty fast sale.
At auction, you’re also unlikely to get ‘gazundered’, where a buyer suddenly drops their price after it has been agreed. There’s also demand from multiple buyers at auction, which may help drive up the price. Additionally, only about 1% of buyers pull out of auction sales these days, as they have to forfeit their reservation fee.
However, at auction you will need to host several open days to allow potential buyers the opportunity to properly view your property. This could be difficult to arrange if you’re going through disputes with your co-owners.
Selling through auction also has additional fees you’ll need to cover. These include legal fees, a commission to the auction house/auctioneer, and advertising and marketing costs. Sometimes you’ll even pay for room hire. This could amount to around 2.5% of your property’s price, according to HomeOwners Alliance, which is much higher than real estate fees, typically.
Even after all this, the price your house sells for may end up being significantly lower than the market price. You’ll also need to wait for a survey before the sale is completed.
One final consideration is that there are no guarantees your property will sell at auction. The process can also take between seven and eight weeks, so it may not be the quick sale you need.
3. Part exchange
A part exchange scheme is where you trade the value of your current house against a new-build property, with your property acting as a ‘part payment’. This can usually provide a quick house sale, as it means a guaranteed sale of your property and no chain.
However, it won’t be helpful to everyone in a joint tenancy or tenants in common arrangement. If you’re selling because of disagreements and just want to move on from all involved, this won't work for you. You're given a new property, so you’ll still be in an arrangement with the other tenants.
4. Quick house sale company
A professional cash buyer is another option to consider if you want to move on quickly from your joint tenancy or tenants in common situation. These cash buyers are quick house sale companies and they specialise in helping you sell quickly without so much stress.
You should receive a cash offer within 24 hours, but an in-person inspection and professional survey may be required depending on your property. Despite this, cash buyers can typically purchase your property within 2-3 weeks. At The Property Buying Company, our fastest sales have taken only seven days.
A good cash buyer will take care of all your fees, so you’re not having to pay anything to sell your house. This saves you a fair amount of money compared to selling through an estate agent or an auction.
Unlike on the open market and at auction, selling with a quick house sale company only involves one quick house viewing, to help ensure that the valuation and offer for your property is as accurate as possible. You also won’t get ‘gazundered’, as the price you’re offered by the company is usually a guaranteed price. The only time it may change is if something is revealed during the in-person inspection. And this change could be an increase on the initial offer.
However, the eventual sale price will usually be 80-85% lower than your property’s market value. However, the time and money you save through this process might make it worthwhile, especially if you’re in a rush to sell and move on. As a cash buyer, we also buy any property in any condition.
In the video below you can hear how our service helped Gary while he was going through a divorce and dealing with a joint tenancy arrangement. We were able to give Gary a great price for his property and complete the sale in only 10 days, saving him a lot of stress during a difficult time in his life.
If this option sounds like something you may be interested in, I recommend getting in touch with our team. We only require one quick viewing to make sure our offer is accurate. We can arrange this for a date and time to suit you and the other tenants.
Our offer may be slightly below market value, but our average completion time is 2-3 weeks. You’ll be able to sell your property quickly and move on with cash deposited straight into your bank. If you’re interested in this avenue, submit your postcode below to start the process.
Edit Log
04/04/2025 - Content rewritten by Jonathan Christie additional leasehold resources, market statistics, checklist and quotes.
04/04/2025 - Content updated in line with Editorial Guidelines (Reviewed by Mathew McCorry)
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