IHTM15081 - Types of joint property: introduction


There are two ways that property in the UK can be jointly owned. These are where

  • the share of the first to die passes automatically to the other joint owners. Where this applies the share is said to pass ‘by survivorship’, or
  • each joint owner may give their share to someone else under their will (IHTM12040) (or if they did not make a will, under the rules of intestacy (IHTM12100)).

Although these two principles apply throughout the UK, there are differences between Scottish ( IHTM15091) law and the law for the rest of the UK ( IHTM15082).