Discreet · Secure

Inheritance Tax

Inheritance Tax on Jointly Owned Property

How a shared home is treated for inheritance tax turns on whether it is held as joint tenants or as tenants in common, and on who inherits.

9 min read · Written by the Fairchild Oldfield team · Last reviewed: July 2026

£325,000
The ordinary nil-rate band per person. A jointly owned home is only taxed where the whole estate, including the deceased's share, is worth more than the available bands.
Source: gov.uk, as at July 2026, subject to change.

Inheritance tax on jointly owned property depends first on how the home is held. Property owned as joint tenants passes automatically to the surviving owner by survivorship, while a share held as tenants in common passes under the will or the intestacy rules and is valued as part of the estate.

Either way, tax arises only where the whole estate, including the deceased's interest in the property, is worth more than the available tax-free bands, with the standard rate of 40% falling on the excess (gov.uk, as at July 2026, subject to change). This guide explains the two forms of joint ownership, how each is treated, how a share is valued, and where the spouse exemption changes the answer. It forms part of our wider Inheritance Tax Explained guide, and sits alongside our note on inheritance tax on property. Figures are current as at July 2026 and are subject to change.

Do you pay inheritance tax on jointly owned property?

Not automatically. A jointly owned home is only caught where the whole estate, counting the deceased's share of the property, exceeds the nil-rate band of £325,000 per person, with 40% charged on value above the combined bands (gov.uk, as at July 2026, subject to change). Many estates fall within the bands and pay nothing. What joint ownership changes is how the share passes and how it is valued, not whether the ordinary thresholds apply.

Joint tenants and tenants in common

There are two ways to co-own property in England and Wales, and they behave differently on death. As joint tenants, you both own the whole and, when one dies, that person's interest passes automatically to the survivor. As tenants in common, each owns a distinct share, which passes under the will or intestacy rather than automatically (gov.uk, joint property ownership, as at July 2026).

FeatureJoint tenantsTenants in common
OwnershipBoth own the whole togetherEach owns a defined share
On deathPasses automatically to the survivor by survivorshipPasses under the will or intestacy rules
Can you leave it in a will?No, survivorship overrides the willYes, the share is left as you choose
Counts in the estate?Yes, the deceased's share is valued for taxYes, the deceased's share is valued for tax

Source: gov.uk, joint property ownership and gov.uk, joint property you inherit, as at July 2026, subject to change. In Scotland these are called joint owners and common owners; in Northern Ireland, coparceners.

The key mechanism

Survivorship and why it matters

Survivorship is the rule that makes joint tenancy distinctive. When one joint tenant dies, their interest does not pass under the will; it moves automatically to the surviving owner, who then owns the whole (gov.uk, as at July 2026, subject to change). This is why a gift of a jointly held home in a will can have no effect where the property is held as joint tenants.

The deceased's share still counts for inheritance tax even though it passes outside the will. It is added to the estate and valued in the usual way, then the available bands are applied (gov.uk, as at July 2026, subject to change). Where the survivor is a spouse or civil partner, the transfer is generally exempt, so tax often does not arise on the first death regardless of survivorship.

Couples who want each share to pass under their own will sometimes hold as tenants in common instead. Changing between the two is a legal step some discuss with a qualified professional.

Spouse and civil partner transfers

Generally exempt

A share passing to a husband, wife or civil partner is usually free of inheritance tax, and unused nil-rate band can transfer to the survivor (gov.uk, as at July 2026, subject to change).

How is a share of jointly owned property valued?

The value of the deceased's interest depends on the type of ownership and on who the co-owner is. Where an asset was owned as joint tenants with a spouse or civil partner, HMRC's guidance is to divide the value of the asset by 2 to reach the deceased's share (gov.uk, estimate the estate's value, as at July 2026, subject to change). Where the property was held with someone other than a spouse or civil partner, the guidance is to divide the value by the number of owners and then take 10% off the deceased's share.

For tenants in common, you value the estate on the deceased's actual share, whether that is a half or an agreed percentage, without an automatic reduction (gov.uk, joint property you inherit, as at July 2026, subject to change). Valuation of shared property can be involved, and the figures below are the starting point rather than the last word, so many people ask a professional valuer or adviser to confirm the position.

How the property is ownedStarting point for the deceased's share
Joint tenants with a spouse or civil partnerValue of the asset divided by 2
Joint tenants with someone elseValue divided by the number of owners, then 10% off that share
Tenants in commonThe deceased's actual share of the value

Source: gov.uk, estimate the estate's value and gov.uk, joint property you inherit, as at July 2026, subject to change. In Scotland, for joint ownership with someone other than a spouse or civil partner, the guidance is to take £4,000 off the value of the whole asset before working out the person's share (gov.uk, as at July 2026, subject to change).

When the co-owner is a spouse or civil partner

A share passing to a husband, wife or civil partner is generally exempt from inheritance tax, however the home is held. With joint tenants, survivorship carries the share to the surviving spouse tax free; with tenants in common, a share left to a spouse by will is usually exempt too, and unused nil-rate band and residence nil-rate band can transfer to the survivor (gov.uk, as at July 2026, subject to change). For unmarried co-owners the exemption does not apply, which is covered in our note on IHT for unmarried couples.

A worked example (illustration only). Two sisters own a house worth £600,000 as tenants in common in equal shares, and neither is married. One dies, leaving her half to her nephew. Her share is valued at £300,000, her actual half of the property (gov.uk, as at July 2026, subject to change). Added to modest savings, say £40,000, her estate is £340,000. Against a nil-rate band of £325,000, and with no spouse exemption and no residence nil-rate band because the home passes to a nephew rather than a direct descendant, tax at 40% could fall on the £15,000 above the band (gov.uk, as at July 2026, subject to change). Change the ownership type, the beneficiaries or the figures and the answer changes, so this is general information rather than a calculation for any real estate.

The example shows why the form of ownership and the identity of the beneficiary matter as much as the value of the house. It also shows the limits of the residence nil-rate band, which generally applies only where a home passes to children or grandchildren (gov.uk, passing on a home, as at July 2026, subject to change). Where a jointly owned home sits near the thresholds, it can be worth discussing the position with a qualified professional before doing anything.

Working out the position

How a joint share fits the calculation

I

Check the ownership

Establish whether the home is held as joint tenants or tenants in common.

II

Value the share

Halve the value for spouse joint tenants, or use the actual share for tenants in common. Source: gov.uk, as at July 2026, subject to change.

III

Add the estate

Combine the share with other assets, less debts, to reach the total estate.

IV

Apply the bands

Deduct available bands; 40% falls on value above them, spouse transfers generally exempt. Source: gov.uk, as at July 2026, subject to change.

Jointly owned property in Scotland and Northern Ireland

Inheritance tax is a UK-wide tax, so the £325,000 nil-rate band and the 40% rate apply across all four nations (gov.uk, as at July 2026, subject to change). The surrounding property law differs. In Scotland co-owners are called joint owners and common owners, and for joint ownership with someone other than a spouse or civil partner the guidance is to take £4,000 off the whole asset before working out the share (gov.uk, as at July 2026, subject to change). Northern Ireland uses the term coparceners for common ownership. Scotland also has its own succession rules, including legal rights. Where a property touches more than one UK nation, it can be worth taking advice in each. For the wider picture, see our estate planning guide.

Frequently asked questions

Do you pay inheritance tax on a jointly owned house?

It depends on the whole estate and on how the home is held. A share held as joint tenants passes automatically to the survivor, and a share held as tenants in common passes under the will, but either way the deceased's share is valued and counts toward the £325,000 nil-rate band (gov.uk, as at July 2026, subject to change). Transfers to a spouse or civil partner are generally exempt.

What is the difference between joint tenants and tenants in common?

Joint tenants own the whole together, so on death the share passes automatically to the surviving owner by survivorship. Tenants in common each own a defined share that passes under their will or the intestacy rules (gov.uk, joint property ownership, as at July 2026). The distinction affects who inherits and whether a will can direct the share, though both count for inheritance tax.

How is a deceased person's share of a joint property valued?

For an asset owned as joint tenants with a spouse or civil partner, the guidance is to divide the value by 2. For joint ownership with someone else, divide by the number of owners and take 10% off that share, and for tenants in common use the actual share (gov.uk, as at July 2026, subject to change). Complex cases often need a professional valuation.

Does jointly owned property automatically pass to the other owner?

Only where it is held as joint tenants. Then the deceased's interest passes to the surviving owner by survivorship, outside the will (gov.uk, as at July 2026, subject to change). A tenants in common share does not pass automatically; it goes to whoever inherits under the will or the intestacy rules, so ownership can be split among several people.

Can I leave my share of a jointly owned house in my will?

You can where the property is held as tenants in common, because you own a defined share that passes under your will. Where it is held as joint tenants, survivorship overrides the will and the share passes to the surviving owner instead (gov.uk, joint property ownership, as at July 2026). Some couples change the ownership type so each share can be left as they choose.

Is a jointly owned home exempt if it passes to my spouse?

A share passing to a husband, wife or civil partner is generally exempt from inheritance tax, whether by survivorship as joint tenants or under a will as tenants in common, and unused nil-rate band can transfer to the survivor (gov.uk, as at July 2026, subject to change). The exemption does not apply between unmarried co-owners, so the position there differs.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.

Planning around a shared home

Wills, trusts and tax, considered together with one point of contact.

Book a Free Consultation