We're In This Together

For many people the purchase of a property, with its significant financial, practical and emotional implications, is a step taken together with another person, most often a spouse or partner. What, then, are the options when it comes to deciding how this 'joint' purchase will be made?

In relation to freehold (including 'flying freehold') property, Jersey law recognises two forms of property ownership: joint ownership and ownership in common. In the case of the former, which is by far the more common in practice, the property is acquired "jointly and for the survivor". That is to say that upon the death of one of the two joint owners, the deceased's interest will automatically vest in the survivor; the deceased's interest in the property will not form part of their estate. Furthermore, in legal terms, all that each joint owner has whilst both joint owners are living, is an ownership interest which is conditional on the death of the other owner. As a consequence,