Joint & Co-Ownership Property Solicitors

Buying a property with someone else is increasingly common — whether you are friends pooling resources to get on the ladder, siblings investing together, a couple with different financial contributions, or co-investors acquiring a buy-to-let. Whatever your situation, getting the legal structure right from the outset protects everyone involved.

Our specialist property solicitors advise co-buyers across England and Wales on all aspects of joint ownership, from structuring the arrangement and drafting declarations of trust to resolving disputes if things change down the line.

Tenants in common or joint tenants?

When buying a property jointly, one of the first decisions you need to make is how you will hold it. There are two legal forms of co-ownership — read our full guide to tenants in common vs joint tenants, or the summary below:

Tenants in common — each owner holds a defined share of the property. Your share can be unequal, reflecting different deposit contributions or financial arrangements. Crucially, your share forms part of your estate and can be left under your will. This is the most common structure for friends, siblings, and co-buyers with different levels of investment.

Joint tenants — both owners hold the property together with no distinct shares. If one owner dies, their interest passes automatically to the surviving owner regardless of what their will says. This is often chosen by married couples who want the property to pass seamlessly on death.

Choosing the wrong structure can have significant financial and inheritance consequences. We will advise you on which arrangement suits your circumstances before you complete.

What is a declaration of trust?

If you are buying as tenants in common, a declaration of trust is a legally binding document that records each person’s share and the terms of the arrangement — including what happens if one person wants to sell, how unequal contributions are treated, and how the property is managed. Without one, disputes about ownership can be difficult and expensive to resolve.

We have written a detailed guide to declarations of trust if you want to understand more before speaking to us.

The benefits of joint ownership

• Larger deposit — combining savings means you can access better mortgage rates or buy in a location that would otherwise be out of reach
• Shared costs — mortgage repayments, maintenance, and outgoings are split between owners
• Protected interests — a properly drafted declaration of trust ensures each person’s contribution is recorded and enforceable
• Flexible structures — you can hold unequal shares that reflect your actual contributions, rather than splitting everything 50/50
• Investment opportunities — co-ownership opens up buy-to-let and property investment to those who could not fund it individually

How joint ownership works

Once you have decided on your ownership structure, your solicitor will handle the conveyancing and prepare your declaration of trust. The trust deed will set out:

• Each owner’s share of the property
• How deposit contributions are recorded
• Each owner’s obligations towards the mortgage and outgoings
• What happens if one owner wants to leave the arrangement
• How proceeds are split on sale

It is important to note that when a property is mortgaged, all co-buyers are jointly and severally liable for the repayments. If one person stops contributing, the remaining owners are responsible for their share. Your declaration of trust can address this directly.

Exiting a joint ownership arrangement

Circumstances change. A co-buyer may want to move on, relationships break down, or one party may want to buy the other out. Your declaration of trust should set out the process — typically requiring notice of intention to leave, a valuation, and either a buyout by the remaining owners or a sale of the property.

If there is no declaration of trust in place, or the parties cannot agree, the matter may need to be resolved through the courts. Our property ownership disputes team advises and represents clients in joint ownership disputes as well as straightforward exits.

Joint ownership dispute — case law

Gallarotti v Sebastianelli [2012] EWCA

Two friends purchased a flat together with no written declaration of trust and unequal cash contributions. Twelve years later their friendship broke down and a dispute arose over each party’s share. The Court of Appeal ultimately awarded 75% to Mr Sebastianelli and 25% to Mr Gallarotti, based on evidence of who had actually contributed to the mortgage over the years.

This case illustrates why a properly drafted declaration of trust matters. Without one, disputes rely on evidence that may be incomplete or contested — and the outcome can be very different from what was originally intended.

Why choose Osbornes Law?

Simon Nosworthy leads our specialist property team, advising individuals and investors on all aspects of co-ownership across England and Wales.

“Simon Nosworthy was extremely helpful and professional. Osbornes Law assisted myself and my husband in an extremely complicated house purchase. Over the 9 months we worked together the service we received was second to none. Simon always went beyond the call of duty even when the situation became a lot more complicated and difficult to complete.”

— Trustpilot review ★★★★★

Frequently asked questions

Can more than two people own a property together?

Yes — up to four people can be registered as legal owners of a property in England and Wales.

Do I need a solicitor to set up a declaration of trust?

There is no legal requirement, but a solicitor-drafted declaration is far more likely to be enforceable and to cover all relevant scenarios. A poorly drafted or missing declaration is the most common cause of joint ownership disputes.

What happens if a co-owner dies?

This depends on how you hold the property. As joint tenants, the surviving owner inherits automatically. As tenants in common, the deceased owner’s share passes according to their will or intestacy rules.

Can I sell my share of a jointly owned property?

As a tenant in common you can sell or transfer your share, subject to any restrictions in your declaration of trust. As a joint tenant you cannot sell a distinct share — you would need to sever the joint tenancy first.