Tenants in common and care home fees: how it can protect your home

Owning your home as tenants in common, rather than joint tenants, lets each partner leave their share in a will instead of it passing automatically to the survivor. If the first partner’s share goes into a will trust or to children, it never becomes the survivor’s money, so it cannot be used for the survivor’s care home fees later. It does not protect the survivor’s own share, and it does nothing while both partners are alive, when the home is usually disregarded anyway.

In short

• Joint tenants own the whole home together and it passes automatically to the survivor. Tenants in common each own a share they can leave by will.
• You can change from joint tenants to tenants in common (“severance”) without the other owner’s agreement, and HM Land Registry charges no fee.
• While a partner still lives in the home, it is disregarded in the care home means test in England, whoever goes into care first.
• After a death, a share left in a will trust is not the survivor’s capital. Only the survivor’s own share counts, valued at what a willing buyer would pay.
• Above £23,250 of capital in 2026/27 the survivor pays full fees, so protecting half a home can make a large difference.

Joint tenants and tenants in common: the difference

When two or more people own a home in England and Wales, they hold it either as joint tenants or as tenants in common. Most married couples are joint tenants, often without realising it.

You can check your title register online through HM Land Registry for a small fee. A Form A restriction stops a sole surviving owner selling alone, which is why it signals a tenancy in common.

How severing works

Changing from joint tenants to tenants in common is called severance. GOV.UK explains the process:

1. If you both agree, complete form SEV and send it to HM Land Registry. There is no fee.
2. If the other owner does not agree, serve a written “notice of severance” on them, then apply with form SEV (or RX1).
3. Record the shares. A declaration of trust stating who owns what (for example 50:50 or 60:40) avoids arguments later.
4. Make new wills. Severance without a will that leaves your share elsewhere achieves nothing for care fee planning.

A solicitor will usually charge for the wills and declaration of trust. Severance itself is simple and quick.

The will trust: the step that does the work

Tenancy in common only helps if each partner’s will leaves their share somewhere other than outright to the survivor. If the will says “everything to my wife”, the share goes to her and becomes her capital, exactly as with a joint tenancy.

The common approach is a life interest trust (sometimes called a property protection trust) in each will. When the first partner dies:

• Their share passes to trustees, often the adult children.
• The survivor has the right to live in the home for life.
• When the survivor dies (or earlier, if the will says so), the share passes to the children or other named beneficiaries.

Because the share was never the survivor’s, it cannot be “deprivation” by the survivor. The person who died was free to leave their own property as they wished. The Care and Support (Charging and Assessment of Resources) Regulations 2014 also disregard the value of a life interest, so the survivor’s right to live there is not counted as capital either.

How a share of the home is valued

When the survivor needs a care home, the council counts only the share they own. Annex B of the Care and Support Statutory Guidance says capital is valued at its current market value, which is “the price a willing buyer would pay to a willing seller”, less 10% if there would be sale costs and less any secured debt such as a mortgage.

A half share in a house is not worth half the house. A buyer of a half share would have to share the property with the trustees and might need a court order to force a sale. So the market value of a share is often far lower than a simple split. Councils should obtain an independent valuation of the person’s beneficial share, ideally within the 12-week property disregard. Our guide to jointly owned homes and care home fees covers valuation disputes in more detail.

Worked example

Alan and Brenda own a £320,000 home in Kent and have £20,000 in joint savings.

Scenario A: joint tenants, simple wills

Alan dies in 2025. The whole house and all savings pass to Brenda. In 2026 she moves into a care home. After the 12-week disregard, her capital is the £320,000 home plus £20,000, far above the £23,250 upper limit. She pays the full weekly fee until her capital falls to £23,250.

Scenario B: tenants in common, will trust

Alan’s will leaves his half share in a life interest trust for Brenda, then to their two children. When Brenda moves into care, only her half share counts. A professional valuer puts her half share at, say, £110,000, rather than £160,000, because a buyer would be sharing with the trustees. Less 10% for sale costs, that is £99,000, plus the £20,000 savings (money in a joint account usually passes straight to the surviving account holder), so £119,000. She still pays full fees for now, but Alan’s half, about £160,000 on a simple split, is protected for the children.

Use our care cost calculator to see how long a figure like this would last at local prices.

While both partners are alive

If one partner moves into a care home and the other still lives in the home, the whole property is disregarded, whether you are joint tenants or tenants in common. Couples sometimes sever after one has gone into care to protect the healthy partner’s half if they die first. This is usually reasonable: severing does not reduce the care home resident’s own capital, and Annex E says deprivation is about reducing assets that would otherwise count. However, changing the healthy partner’s will so that their share bypasses the resident is a separate issue and can be questioned if the resident is the one giving something up. Take advice.

When the surviving partner later sells to downsize, Annex E gives an example where it is reasonable for the care home resident to release part of their share to help the partner buy a smaller home. That is not treated as deprivation.

Mistakes to avoid

• Severing but never updating wills. The share then passes under the old will or intestacy rules, often to the survivor.
• Leaving the decision too late. If a partner loses mental capacity, they cannot make a new will, and their attorney cannot write one for them. A statutory will needs the Court of Protection. Get a lasting power of attorney in place too.
• Assuming it is a way to avoid fees after 7 years. It is a will planning tool, not a time-based shield.
• Confusing it with a lifetime trust. A will trust is far safer than putting your house in a trust now.
• Forgetting tax. Leaving a share in trust rather than to a spouse can affect Inheritance Tax and the residence nil-rate band. Get the will drafted by a solicitor.

For other protections, read about the 12-week property disregard, deferred payment agreements and couples in care homes.

Scotland, Wales and Northern Ireland

Wales follows the same joint tenancy and tenancy in common rules as England, but its capital limit for residential care is higher at £50,000. Northern Ireland also uses joint tenancy and tenancy in common. Scotland’s property law is different: couples usually own “in common” with or without a “survivorship destination” in the title, and that clause decides whether a share passes automatically. Scottish advice is needed.

Frequently asked questions

Does tenants in common protect against care home fees?

It can protect the share of the partner who dies first, if their will leaves that share in trust or to someone other than the survivor. That share is then not the survivor’s capital. It does not protect the survivor’s own share, which still counts in their financial assessment above the £23,250 upper limit.

Can I change from joint tenants to tenants in common without my partner agreeing?

Yes. You can serve a written notice of severance on the other owner and then apply to HM Land Registry using form SEV or RX1. There is no Land Registry fee. You should also make a new will, or the severance will not achieve much.

Is severing a joint tenancy deprivation of assets?

Severance on its own is not usually deprivation, because it does not reduce the capital of the person needing care. Each owner still owns their share. Questions can arise if a will is changed so that the person in care gives up something they would otherwise have inherited, so take legal advice first.

How is a half share of a house valued for care fees?

At its market value: what a willing buyer would pay for that share, minus 10% for sale costs and any secured debt. Because buyers rarely want to share a home with strangers, a half share is often worth much less than half the property. Councils should get an independent valuation.

What happens to the house if one partner goes into a care home?

While the other partner lives there, the home is disregarded in the means test in England, however it is owned. It only becomes relevant when the partner at home dies or moves out. That is when tenancy in common and a will trust make a difference to the survivor’s fees.

How do I know if we are joint tenants or tenants in common?

Check the title register from HM Land Registry. If it contains a Form A restriction, you hold as tenants in common. If not, you are probably joint tenants. A declaration of trust, if you have one, should say what share each person owns.

Sources

• Care and Support Statutory Guidance (Annex B capital, Annex E deprivation of assets), GOV.UK
• Care and Support (Charging and Assessment of Resources) Regulations 2014, legislation.gov.uk
• Joint property ownership, GOV.UK
• Change from joint tenants to tenants in common, GOV.UK
• How Inheritance Tax works, GOV.UK
• Residential care capital limit in Wales, GOV.WALES

General information, not legal or financial advice. Figures for 2026/27, checked October 2026.

Reviewed by The Care Panel team on 29 October 2026. This guide is general information about care in England, not legal, medical or financial advice. Rules and rates change; check with your council or an adviser before making decisions.