Joint mortgages are the most common way couples buy property in the UK, but they are also used by friends, siblings, and parents buying with adult children. The legal structure you choose has significant implications for what happens if one party wants to sell, stops paying, or dies.\n\nJoint Tenants vs Tenants in Common — These are the two ways to own property jointly in England and Wales. Joint tenants own the property equally and indivisibly. If one owner dies, their share passes automatically to the surviving owner regardless of any will. Tenants in common each own a defined share (which does not have to be equal). If one owner dies, their share passes according to their will. Most married couples choose joint tenancy. Unmarried couples, friends, and family members usually choose tenants in common.\n\nBorrowing Power — Lenders combine both incomes for affordability. Two people each earning 35,000 could borrow up to 314,000 at 4.49 times joint income, compared to 157,000 each alone. However, both applicants' debts and credit histories are assessed. One person with a poor credit record can drag down the joint application or limit lender options.\n\nWhat If You Split Up — If you are joint tenants, neither person can sell their share independently. You need to agree to sell the whole property, or one person buys out the other via a transfer of equity. If you cannot agree, either party can apply to the court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996. This is expensive and time-consuming.\n\nProtecting Unequal Contributions — If one person contributes a larger deposit, record this with a Declaration of Trust (also called a deed of trust). This legal document specifies each person's share and what happens to the deposit money if the property is sold. A solicitor can draft one for 200 to 500 pounds. Without it, the default assumption under tenants in common is equal shares, and under joint tenancy it is that both own everything equally.\n\nImpact on Stamp Duty — If either buyer already owns another property, the additional property surcharge of 5% applies to the entire purchase. This catches people who buy with a partner who already owns a buy-to-let, for example. The only exceptions are when you are replacing your main residence.