The short answer
- Choose how you will own it before you exchangeJoint tenants share the whole house and it passes to the survivor. Tenants in common own set shares that pass under each owner's will.
- Write down who paid whatA declaration of trust records each person's share. It protects your parent and you if the house is sold, or if one of you dies or needs care.
- One buyer with another home brings in the higher stamp duty ratesIf either of you keeps a home you already own, the 5% surcharge applies to the whole price, and first-time buyer relief is lost unless you are both first-time buyers.
- Care at home does not touch the houseWhile your parent lives there, their home is ignored in the council's means test. In a care home their share can count, unless a qualifying relative still lives there.
- Money given away to avoid care fees can be counted anywayCouncils can treat a parent as still owning money or a share they gave away, if avoiding care charges was a significant reason for the timing.
This page covers England. It is general information, not legal or financial advice: a solicitor or licensed conveyancer should set up the ownership, and a mortgage adviser should look at the borrowing.
Four ways to own it
The four common ways to own a house with your parent
Each of the four decides whose name is on the deeds, what happens when someone dies, and what becomes of your parent's money if they later need care.
A parent may want to be close to family without giving up their independence, and an adult child may want help with the price of a bigger house. A house with an annexe can do both. This guide is part of our wider look at care at home or a care home, and it sits alongside the guides on finding a house with a granny annexe for sale and what day-to-day life looks like when you live with an elderly parent.
The four routes below set out the usual choices.
You both own the whole house as joint tenants
- On the deeds
- Both of your names, with equal rights to the whole house. No shares are written down.
- If one of you dies
- The house passes automatically to whoever survives, whatever either of your wills says.
- Stamp duty to check
- If either of you owns another home that you are keeping, the higher rates apply to the whole price.
- If your parent moves into a care home
- The council values your parent's share, starting from an equal share. It is ignored if you are 60 or over, or incapacitated, and lived there before they moved.
- What to watch for
- If your parent put in more money than you, nothing on paper says so.
You own set shares as tenants in common
- On the deeds
- Both of your names, with the shares set out in a declaration of trust kept with your deeds.
- If one of you dies
- Each share passes under its owner's will, or under the intestacy rules if there is no will.
- Stamp duty to check
- The same as joint tenants: one buyer keeping another home brings in the higher rates for both.
- If your parent moves into a care home
- The council values your parent's share as written down, at what a buyer would pay for it. It is ignored on the same terms as route A.
- What to watch for
- You both need wills that match the plan.
You own the house and your parent gives money towards it
- On the deeds
- Your name only. Your parent has no written share, though money they put in can still give them a claim to one.
- If one of you dies
- The house is part of your estate. Your parent has no automatic right to stay if you die first.
- Stamp duty to check
- A plain gift does not make your parent a buyer. If they are given a share under a trust, they can count as a buyer for the higher rates.
- If your parent moves into a care home
- If your parent has no share, the house is not counted. The council may ask whether their money bought them a share, or was given away to avoid care charges.
- What to watch for
- Your parent has no security if you sell, separate or fall out. Gifts can also have inheritance tax effects.
Your parent buys the house and you move in with them
- On the deeds
- Your parent's name only.
- If one of you dies
- The house passes under your parent's will, and it counts in their estate.
- Stamp duty to check
- Only your parent's position matters. If they are selling their only home to buy this one, the higher rates do not apply.
- If your parent moves into a care home
- The whole house counts, unless you are 60 or over, or incapacitated, and lived there before your parent moved. The council can choose to ignore it in other cases.
- What to watch for
- You have no legal right to stay if the house has to be sold. Write down any money you put in.
In every route, while your parent lives in the house and has any care at home, their home is ignored in the council's means test. The care home rows apply in England under the Care Act 2014 statutory guidance, Annex B. This is general information rather than legal advice.
Routes A and B fit when both of you put money in. Route C suits a parent who wants to help and does not need a share back, though it leaves them with nothing to show for the money. Route D suits a parent buying with the proceeds of their old home.
Joint or in shares
Joint tenants or tenants in common: the first decision
When two or more people buy a house in England, they hold it in one of two ways. The words sound like renting, but both are kinds of ownership.
| Joint tenants | Tenants in common | |
|---|---|---|
| What you own | Equal rights to the whole house | A share each, which can be unequal |
| When one owner dies | Passes automatically to the other owners | Passes under that owner's will |
| Can it be left in a will? | ||
| Records each person's contribution | Yes, in a declaration of trust | |
| Shown on the Land Registry title | No restriction is added | A "Form A" restriction is added |
| Can be changed later | Yes, to tenants in common, with form SEV and no fee | Yes, if all owners agree |
What you own
- Joint tenants
- Equal rights to the whole house
- Tenants in common
- A share each, which can be unequal
When one owner dies
- Joint tenants
- Passes automatically to the other owners
- Tenants in common
- Passes under that owner's will
Can it be left in a will?
- Joint tenants
- Tenants in common
Records each person's contribution
- Joint tenants
- Tenants in common
- Yes, in a declaration of trust
Shown on the Land Registry title
- Joint tenants
- No restriction is added
- Tenants in common
- A "Form A" restriction is added
Can be changed later
- Joint tenants
- Yes, to tenants in common, with form SEV and no fee
- Tenants in common
- Yes, if all owners agree
Source: GOV.UK, Joint property ownership, and HM Land Registry. Checked October 2026.
GOV.UK's guide to joint property ownership sets out both. For a parent and an adult child, the choice usually comes down to two questions. Did you each put in a similar amount? And does each of you want your part to go to someone else when you die, such as your parent's other children, or your own partner and children?
If your parent is contributing the proceeds of their own home and you are adding a mortgage, the amounts are unlikely to be equal. Tenants in common, with the shares written down, keeps the arrangement fair to your parent and to any brothers or sisters who expect to inherit from them. Joint tenancy is simpler, but if your parent dies first the house becomes yours outright, which may leave a sibling with nothing from the family home.
Changing your mind laterSection titled Changing%20your%20mind%20later
Joint tenants can change to tenants in common at any time. HM Land Registry calls this severance, and there is no fee. One owner can do it without the others agreeing, by serving a written notice on them and sending form SEV to the Land Registry. Going the other way, from tenants in common to joint tenants, needs every owner to agree. HM Land Registry's blog on how to tell which kind of joint ownership you have explains what to look for on your title.
Declaration of trust
Write down who paid what in a declaration of trust
A declaration of trust is a signed document that says how much of the house each owner has, and what happens if it is sold. Your solicitor drafts it, and it sits with your deeds.
The Land Registry title shows whose names are on the house. HM Land Registry says it does not always hold information on the specific shares, and trust deeds are usually held by conveyancers, so the declaration of trust is the clear record of your parent's share.
What a declaration of trust between a parent and child usually covers
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Shares and money
If things change
Alongside it
GOV.UK has separate guidance on selling a jointly owned house when one owner has lost mental capacity, and it involves extra steps. A lasting power of attorney for property and financial affairs, made while your parent is well, avoids most of them. If your parent has a diagnosis of dementia, the guide to lasting power of attorney and dementia explains when it can still be made.
Stamp duty
When the higher rates of stamp duty apply to a joint purchase
Stamp duty is worked out on the whole purchase, and the position of each buyer counts. One buyer who already owns a home they are keeping can put the whole purchase on the higher rates.
In England and Northern Ireland, buyers pay Stamp Duty Land Tax. GOV.UK says you will usually pay 5% on top of the normal rates if buying a new home means you will own more than one. On a joint purchase, HMRC's guidance on additional properties is clear that if any one of the buyers would have to pay the higher rates, the higher rates apply to the transaction as a whole. Scotland and Wales have their own taxes, Land and Buildings Transaction Tax and Land Transaction Tax, with their own rules.
You both sell your homes and buy together
Normal rates
Your parent sells, and you keep your flat to let
Higher rates on the whole price
You have never owned a home and your parent has
No first-time buyer relief
Your parent gives you money and is not a buyer
Depends on your position only
Keeping your parent's name off the deeds does not always keep them out of the stamp duty calculation. HMRC's manual says that where a house is held on a bare trust, the person who owns the share is treated as the buyer for the higher rates. If you plan to give your parent a share under a declaration of trust rather than putting them on the title, ask your conveyancer to check the stamp duty before you exchange.
The mortgage
Getting a mortgage when you buy with a parent
Lenders decide case by case, and the age of the borrowers, the annexe and the source of the deposit all come into it. A mortgage adviser who knows family purchases will save you time.
When one of the buyers is retired, a lender will want to know whose income is paying and whether your parent's pension counts. Lenders set their own age limits for the end of the term, so it is worth asking several before you settle on a house.
Words you will hear from a lender or broker
- Joint mortgage
- Both of you borrow and both of you own the house. Each borrower is responsible for the whole loan, not half of it, so if one of you cannot pay, the lender can ask the other for all of it.
- Joint borrower, sole proprietor
- A family member joins the loan to help with affordability but is not on the deeds. Some lenders offer it. The family member is still liable for the repayments, so they should take their own legal advice.
- Gifted deposit
- Money from your parent towards the deposit that they do not expect back. Lenders ask for proof, usually a signed letter from the giver confirming the money is a gift.
- Occupier
- An adult who will live in the house but is not a borrower. Ask the lender early whether your parent will need to sign anything as an occupier, and get advice for them before they do.
- Annexe or second dwelling
- Some lenders treat a self-contained annexe with its own kitchen and entrance differently from an extension. Tell the lender about it at the start, along with any planning conditions on who can live in it.
A lender's gift letter may ask your parent to confirm they will have no interest in the house. If your parent is meant to own part of it, the money should be shown as their contribution instead. Tell your solicitor and your broker what you intend, so the paperwork agrees.
If the annexe has a planning condition tying it to the main house, the lender and your conveyancer will both want to see it. The guide on whether you need planning permission for a granny annexe explains those conditions, and the council tax guide for annexes covers the discounts and exemptions that can apply when a relative lives in one.
If care is needed
What happens to your parent's share if they need care later
This question sits underneath several of the decisions above. The answer depends on whether your parent has care at home or moves into a care home, and on who is still living in the house.
The council's means test for care in England follows the Care and Support Statutory Guidance, Annex B, which covers how capital is treated. For 2026/27 the upper capital limit is £23,250 and the lower limit is £14,250. Above the upper limit a person pays the full cost of their care. Whether the house counts towards those figures changes over time, as below.
- Living at home
Your parent has care at home
Annex B, paragraph 34(a): the main or only home must be ignored where a person receives care in a setting that is not a care home. Their share of the house does not count, however much it is worth.
- A short stay
A temporary stay in a care home
Paragraph 34(b): the home is still ignored while the stay is temporary, if your parent intends to return and the home is still there for them.
- First 12 weeks
A permanent move to a care home
The council must ignore the home for the first 12 weeks of a permanent stay, which gives the family time to decide what to do.
- After 12 weeks
Your parent's share is valued
Their share counts as capital unless one of the mandatory disregards applies (below). The council values their share, not the whole house, at what a buyer would pay for it.
When the house is still ignored after a move to a care homeSection titled When%20the%20house%20is%20still%20ignored%20after%20a%20move%20to%20a%20care%20home
Paragraph 34(c) of Annex B says the home must still be ignored if it is occupied, in part or whole, as the main or only home of certain people, and has been continuously since before your parent went into the care home. Those people are your parent's partner, former partner or civil partner (unless estranged), or a relative who is aged 60 or over, is incapacitated, or is a child of your parent aged under 18.
Paragraph 35 lists who counts as a relative, and it includes a son, a daughter, a son-in-law, a daughter-in-law, a brother, a sister and a grandchild. Paragraph 34 says "in part or whole", so a relative living in the main house while your parent had the annexe, or the other way round, can still qualify.
For a parent in their late eighties, the son or daughter who lives with them may well be 60 or over. If so, and the house has been your main home since before your parent moved into a care home, the council must ignore your parent's share. If you are under 60 and not incapacitated, paragraph 42 lets the council use its discretion, for example for someone who gave up their own home to care for the person. It weighs that against keeping assets from being maintained at public expense, so it is not guaranteed.
If your parent's share does count and they do not want the house sold, a deferred payment agreement lets the council pay the care home and recover the money later from the house. The care funding guide sets out the rest of the means test, and self-funding your care covers paying privately in the meantime.
While your parent is still living with you, help at home costs the same as anywhere else. Carers on PrimeCarers charge £18 to £25 an hour for visits, with our fee included, against £28 to £35 an hour at an agency, and live-in care starts at £1,050 a week. Our pricing page shows how those figures are made up, and care in a granny annexe explains how visits, nights and live-in care work when a parent lives at the end of the garden.
Gifts and care fees
Putting a parent's money into the house, and the rules on deprivation of assets
Some families hope that moving a parent's money into a child's name will protect it from care fees. The rules allow a council to look past that, and to ask the person who received the money to pay.
Annex E of the statutory guidance covers deprivation of assets: a person deliberately reducing their assets to reduce what they are charged for care. Among the examples it gives are a lump sum given away as a gift, the deeds of a property transferred to someone else, and money turned into a form that the means test ignores. If a council decides this has happened, it can assess your parent as though they still had the money or the share.
The guidance does not set a fixed number of years to look back. Paragraph 11 asks whether avoiding care charges was a significant reason for the timing, and whether your parent could reasonably have expected to need care when they parted with the money. Paragraph 12 says it would be unreasonable to find deprivation if the person was fit and healthy and could not have foreseen needing care. Where money was passed to someone else to avoid charges, paragraph 21 says that person can be asked to pay the difference, up to what they received.
What keeps the arrangement on firm ground
- Buying together for reasons you can explain, such as being close to help, and recording them at the time
- Giving your parent a share that matches the money they put in, set out in a declaration of trust
- Your parent taking their own advice before they sell their home or give money away
- Keeping bank statements and completion statements that show where each pound came from
What a council may question
- Putting the house in a child's name shortly after your parent has been told they need care
- A large gift with no paperwork, made when a move to a care home is being discussed
- A share for your parent that is far smaller than what they paid, with no explanation
- Treating a gift letter for the lender as if it settled the question of who owns what
Annex E also says people should be able to spend the money they have saved as they wish, and that deprivation should not be assumed. A council will look at the reasons and the timing, so it helps to have both on paper. Before any large gift, the guide on will writing and protecting assets is a place to start before seeing a solicitor.
Before you exchange
What to sort out before you exchange contracts
Most of the decisions above are easier to make before you are committed to a house. These steps run roughly in the order you will need them.
- 1
Talk it through as a family
Before you lookAgree what each of you is putting in and what happens if the house is sold or your parent's health changes. Include brothers and sisters who are not buying. - 2
Speak to a mortgage adviser and a solicitor
Before you offerAsk the adviser about lenders who lend to older borrowers and on houses with annexes. Ask the solicitor whether your parent should have separate advice. - 3
Work out the stamp duty with each buyer's position
Before you offerCheck whether either of you will own another home after completion, and whether an annexe is worth more than a third of the price. - 4
Choose how you will own it and sign the declaration of trust
Before exchangeJoint tenants or tenants in common, with the shares written down. Make wills that match, and lasting powers of attorney for each owner. - 5
Keep the paper trail
At completionFile the completion statement, the declaration of trust and the bank statements showing who paid what. - 6
Plan the help your parent will need day to day
Before they move inLiving closer does not cover every hour. Look at what help with mornings or evenings would cost near the new house.
When you are ready to look at the care side, you can search for carers near the new house and compare their rates. Carers on PrimeCarers are self-employed. Before a carer appears on PrimeCarers, their identity and right to work are checked, they need an enhanced DBS check (PVG in Scotland, Access NI in Northern Ireland) issued within the last 2 years, and they have an online interview. For visits booked through PrimeCarers, insurance covers the carer while they work, subject to the policy terms. We do not check qualifications, training or references; references and reviews appear on profiles unverified, so you check skills and training with the carer. The granny annexes guide brings together the planning, cost and tax questions if you are still deciding which house to buy.
Questions
Questions families ask about buying a house with a parent
Yes. You can buy as joint tenants, as tenants in common with set shares, or one of you can own the house while the other contributes money. Writing down who paid what in a declaration of trust protects both of you.
If you have put in different amounts, or each of you wants your part of the house to go to someone else when you die, tenants in common with a declaration of trust is usually the better fit. Joint tenancy means the house passes automatically to the survivor. Joint tenants can change to tenants in common later, with form SEV and no Land Registry fee.
Only if one of you will own another home after the purchase and is not replacing a main home. If that applies to either buyer, the 5% surcharge applies to the whole price. First-time buyer relief needs every buyer to be a first-time buyer. HMRC's guidance sets out the rules.
Not while they live there and have care at home: the main home is ignored in the means test. If they move into a care home permanently, the home is ignored for 12 weeks and then their share counts, unless their partner, or a relative aged 60 or over or incapacitated, has lived there since before the move. The council can also choose to ignore it in other cases.
If you are 60 or over, or incapacitated, and it has been your home since before your parent moved into a care home, their share must be ignored. Otherwise their share can count, but it is valued at what a buyer would pay for a share in a house you still live in, which can be very little. A deferred payment agreement can also delay any sale.
It can be, if avoiding care charges was a significant reason for the timing and your parent could reasonably have expected to need care. The statutory guidance sets no fixed time limit.
Yes. The lender will ask for proof that the money is a gift, usually a letter signed by your parent. That letter may say they will have no interest in the house, so it should only be used if that is what you both intend. If your parent is meant to own part of the house, tell your solicitor and broker.
The ownership rules are the same. Stamp duty can differ, because an annexe worth more than a third of the price can bring in the higher rates. The annexe may also have a planning condition tying it to the main house, and a discount or exemption from council tax may apply when a relative lives in it. See council tax on a granny annexe.
