New Enquiries 01603 724399

Other Enquiries 01603 462796

conveyancing quotation

Please complete a short form to receive your FREE conveyancing quotation.

Conveyancing Solicitors

Lambert Pugh LLP are a specialist conveyancing law firm and are able to advise fully on owning a property under a joint tenancy or as tenants in common.

We have a vast amount of experience dealing with thousands of transactions just like yours every year.

Joint Tenancy

If you are buying a property with someone else, you will need to decide how you will share the ownership. There are basically two ways you may own property, either under a Joint Tenancy (as Joint Tenants) or as Tenants in Common.

Choosing the right way to hold the property is vital, as it can affect not only what happens when you sell the property, but also what happens if one of you passes away.

Below is an explanation of both ways to own property.

Joint tenants

If you own the property under a joint tenancy, in the eyes of the law the joint owners are deemed to hold the property in equal shares, and on the death of one of them, his or her share passes automatically to the other by operation of law. Similarly if there are more than two owners, ownership passes automatically to the remaining owners until ultimately there is only one. This automatic right to survivor-ship is irrespective of the provisions of any Will which a joint tenant may make during his or her life time. The survivor becomes the legal owner of the whole of the property without need for further documentation and any further sale or dealings with the title can be made by him or her without obtaining Probate to the deceased owner’s estate, and the survivor is solely entitled to the proceeds of sale.

On a sale of the property during the joint lives of the joint tenants the net proceeds of sale will be divided equally between them even if they have contributed the original purchase money and expenses such as stamp duty (which can often be significant) in disproportionate shares. This frequently causes distress between couples who are not married and who then separate on bad terms. The Partner who has contributed the larger share often complains it is unfair and seeks a larger proportion of the sale money in line with his or her original investment. The law does not assist such a claim and therefore couples who are buying jointly but not paying equally need to be particularly mindful of this and should give serious consideration to buying as Tenants in Common or having a separate Deed of Trust setting out what should happen in such an event.

The other situation where Joint Tenancy may be inappropriate is where divorcees or previously married people with existing families come together to purchase a property jointly. Automatic succession may not be appropriate as the claims of their respective children and existing families have to be considered.

Tenants in common

On the death of a tenant in common, his or her share does not pass automatically to the survivor but becomes part of his or her estate. It is then dealt with in accordance with the terms of the deceased’s Will, or, if the deceased did not make one, under the rules of intestacy.

Tenants in common can hold the property in equal or unequal shares. For example the shares can be 50-50 or in whatever specific percentages they declare, e.g. 70 – 30 , 60 – 40 etc.

Moreover the shares can be in accordance with each party’s contribution towards the purchase money. If the transaction is to be on this basis it is advisable and necessary for a separate document, (a Declaration of Trust), to be prepared specifying the division of the ownership. This deed can cover a wide-reaching number of points, for example the contributions made towards the purchase price, the payment of mortgage payments and up-keep and future maintenance of the property and the eventual division of future sale proceeds. A Trust Deed can provide that on a sale, each party will be re-paid their original contribution and thereafter the proceeds divided equally or in such proportions as they declare.

Please don’t hesitate to contact our team to discuss any aspect of your conveyancing requirements, or complete our simple form to receive your FREE conveyancing quotation.

Request a Callback

Complete our simple callback form and a member of the team will call you back when it best suits you.

“I cannot speak highly enough of Vikci as she kept me up to date and when I was getting despondent she kept me going. Easy to talk to and easy to understand.”

Mrs W, Llandudno

“This is the second time we have used Lambert Pugh, both times fantastic service”

Mr T, Norwich

“I found Hakim to be polite, sometimes amusing and extremely efficient, I would certainly use him again. Thanks for a smooth transaction”

Ms P, Lincoln

“Temby and Debra were absolutely brilliant throughout the process. We were kept up to date with progress on a regular basis. We will have no hesitation in recommending Lambert Pugh to our family and friends. Thank you so much for an amazing service.”

Mr & Mrs C, Luton

“Extremely happy all round with service.”

Miss G, Cheltenham

“Our conveyancing team – Leela, Rebecca and Hakim – were exceptional.”

Ms M & Mr W, Hertford

“Very happy with the service received.”

Mr R, London

“Dealt with Temby and Debbie and could not have had better service and got up to date info on a regular basis. Absolutely super! This was the 15th house purchase in the last 60 years and never had better service.”

Mr & Mrs R, Beccles

“Ashley was a star. She was polite and efficient even when I was stressed and getting fraught over time/dates.”

Mr W & Ms V, Exeter

“Temby was extremely efficient throughout the whole process”

Miss D, Surrey

“Susie and her team have been fabulous. I am extremely pleased with the service. A quick finish became essential for our Vendors and Susie was able to complete in less than 7 weeks. Super Job, thank you!”

Mrs P, Skegness

“Cannot fault the service and would recommend.”

Mr M, Windsor

“We were treated with patience and kindness throughout the purchase. ”

Mrs R, Merseyside

“Quick to respond to any matters arising, and patient when I didn’t understand the terminology and put it into words I could understand.

Mr C, Milton Keynes

“The Purchase was made very easy by my Solicitor. When I needed to talk to someone, my call was answered quickly and efficiently. I was recommended to use Lambert Pugh and I will certainly be recommending them wherever I can.”

Ms F, Norwich

“It was a very good experience from the team that took care of our purchase. We were kept up to date and had all our questions replied to in good time. I would have no hesitation to use Lambert Pugh again!”

Mr C, Altrincham

“Gina has made things really easy for us and was always happy to help when we were unsure of things.”

Ms J & Mr L, West Sussex

“Extremely satisfied, Karina provided a very efficient service through the case and instructed me with procedure details”

Mr H, Birmingham

“Thank you for all your work with the sale of our property”

Mr & Mrs H, Essex

“Katherine Chatters and Anita Williams have exceeded our expectations. Thank you so much for being so responsive and keeping communication lines open.”

Mr S & Ms S, Salisbury

“Always someone at the end of the phone to advise. Irina was excellent.”

Mr & Mrs W, Cornwall

“Karina has done an amazing job for us and we have been very impressed with her professionalism, courtesy and ability.”

Mr H, Essex

“Francesca was always very helpful when we phoned. Very professional and put into plain English what was going to happen with our move. Thank you.”

Mr & Mrs B, Felixstowe

“We could not fault the service given to us. Well done and a very big thank you.”

Mr & Mrs I, Lincolnshire

“I was really happy with the service and felt Jake really came through when it mattered. Excellent value and service.”

Mr H & Ms H, Bexleyheath

“Ashley almost always picked up the phone herself, responded to emails and was a pleasure to deal with.”

Mr & Mrs H, Chelmsford

“Tanya has been amazing from start to finish.”

Mr & Mrs S, Reading

“It’s been really easy and you all have been very helpful. Thank you for making this a smooth and easy transaction for our first time buying a house. “

Mr & Mrs S, North Walsham

“Ellice has been superb from day one and has dealt with all my queries promptly and efficiently.”

Mr S, St Albans

“Great communication and quick turnaround on paperwork and questions.”

Mr L & Ms J, London

“The service was brilliant. From the start Rachel explained everything very clearly and gave me realistic expectations regarding completion. Emails were responded to quickly and I was kept up-to-date at all stages. The fees were made very clear and there were no hidden costs. Really pleased by the level of service I received and would recommend to all my family and friends.”

Ms V, West Yorkshire

“Temby and Debbie were brilliant from start to finish, answered questions in a timely fashion and were always friendly and very helpful.  We would not hesitate to recommend Lambert Pugh. Thank you”

Mr & Mrs W, Bedfordshire

“Whenever we needed assistance they went above and beyond. Thank you so much for all your help and support.”

Mr M & Ms D, Dudley

“No Improvements needed!”

Mr & Mrs D, Great Yarmouth

“Extremely helpful, polite, clear and explained everything thoroughly. I have heard many horror stories about solicitors but I am please to say Lambert Pugh was not one of them. 

Miss D, County Durham

“A pleasure to deal with! Always friendly and very helpful.”

Mrs F, Norwich

“Professional service throughout the whole process. Staff were quick to answer and efficient in general. It’s safe to say that we will use Lambert Pugh again!”

Mr & Mrs S, Radstock

“Karina is very professional and polite and I could rely on her for further information and clarification.”

Miss H, Chester

“Our experience has been very positive and we don’t have anything we would have changed. All extremely polite and quick to respond to our needs. Thank you very much.

Ms W & Mr G, Norwich

“Katharine was most helpful and efficient. I would highly recommend your company and most certainly use again.”

Mrs W, Kent

“I couldn’t ask for any more from the service and the care has been top notch!”

Mrs A, Preston

“Katharine was so thorough and thoughtful. A great asset.”

Ms R & Mr B, St Helens

“A very professional and courteous service from start to finish. Many thanks!”

Mr H, Ramsgate

“I Found Hakim and his team – Leela and Rebecca – friendly, knowledgeable and helpful. I had full confidence in them.”

Miss B, Leiston

“I found the service efficient, fast […] will definitely use again and have already recommended ”

Mr F, Hertfordshire

“Really pleased with the service received. Justina Weeks was always available and replied to my queries promptly. Nothing could have improved the service.”

Mr & Mrs O, Norwich

“Really happy with service. So understanding”

Mr S, London

“[Ashley Roe was] Professional at all times and I would have no hesitation in using your services again or recommending you to others.”

Ms W, Chichester

“Justina was always incredibly efficient, pro-active and would return calls promptly.”

Mr & Mrs P, Andover

“I would 100% Recommend Lambert Pugh. Justina provided an excellent service”

Mrs H, Folkestone

“Colette, Fiona and Sara have been friendly, professional and helpful at every stage.”

Mr & Mrs C, Coventry

“This was our first ever house purchase and every question we had was answered clearly and quickly. Everyone says buying a house is stressful, but it wasn’t for us!”

Mr P & Miss P, Luton

“Georgie, on behalf of Hakim, has been efficient and informative throughout. We shall be recommending you!”

Ms A & Mr G, Lewes

“I have found the service both professional and economical. I would definitely consider using again in the future. ”

Mr R & Ms D, Berkhamsted

“I was absolutely unsure about using an Solicitor I found on the internet, however I have found the whole experience to have been handled professionally and with utmost competence. Thank you.”

Mrs B, Plymouth