Should we buy as joint tenants or tenants in common?

Q My partner and I (we are in a same-sex relationship of four years but no civil partnership) are buying a house for £377,500 as joint tenants.

We have a baby together and will shortly be trying for another child. My concern is that she has an adult son who is likely to have financial difficulties in the future. I worry that if I die before her, she may feel obliged to leave a large share of the property to him, whereas I would prefer all of my share to go to our children together. Should we be tenants in common? EC

A If you own property as joint tenants, when either of you dies the whole of the property automatically passes to the other person, irrespective of what your will says. So if you died your partner would own all of your house and would be free to leave it – or shares in it – to whomsoever she pleases.

If, on the other hand, you own property as tenants in common, you each own a distinct share which you can leave to anyone in your will. So if you want your children to inherit your share of the house you need to sever the joint tenancy and become tenants in common. You also need to have a will drawn up leaving your share of the property to your children.

But you might also like to consider giving your partner what is known as a “life interest” in the house so she can continue to live in the property after your death until her death. It would also be a good idea to discuss all these steps with your partner and encourage her to draw up a will in accordance with her wishes.