Property & conveyancing
Joint Tenants or Tenants in Common in WA: What Is the Difference?
Joint tenants own the property together with a right of survivorship: when one dies, the surviving joint tenant or tenants can become registered owners through a survivorship application. Tenants in common hold defined undivided shares; a deceased owner’s share is dealt with through their estate rather than passing automatically to the other owner.
Key points
- Joint tenancy and tenancy in common produce different consequences on death.
- Tenants in common may hold equal or unequal shares.
- A will generally cannot redirect a joint tenant’s interest away from the surviving joint tenant.
- Changing ownership can affect duty, tax, finance, family law and estate planning.
- A joint tenancy may be severed, but timing and registration matter.
- Choose the structure after considering the relationship, contributions, succession plan and loan arrangements.
What does joint tenancy mean?
Landgate describes joint tenants as having equal interests in the whole property. Its defining practical feature is survivorship. When one joint tenant dies, that person’s interest is extinguished and the survivor’s interest enlarges. The title is updated through a survivorship application.
This can suit spouses or others who intend the survivor to own the whole property. It may not suit a person who wants their interest to pass under their will to children or another beneficiary.
What does tenants in common mean?
Tenants in common each hold an undivided share in the whole property. Shares can be equal or unequal—for example, one half each or 70/30. Each owner remains entitled to possession of the whole unless another valid arrangement governs use.
When a tenant in common dies, their share may pass under a valid will or the intestacy rules. An executor or administrator may need to use a transmission process before the share can be transferred or sold.
Which structure works with a will?
A tenant-in-common share forms part of the owner’s estate. Joint tenancy usually operates through survivorship outside the terms of the deceased’s will. This is why title ownership, wills, superannuation, trusts and companies should be reviewed together rather than treated as isolated documents.
Why might unequal contributions matter?
Different deposit amounts or repayments do not automatically answer how legal and beneficial interests should be recorded. Co-owners may also need a written agreement dealing with contributions, occupation, expenses, improvements, decisions, sale and default.
Tax, duty and family-law consequences require separate advice. Recording unequal shares on title is not a complete substitute for documenting the financial arrangement.
Can ownership be changed later?
It may be possible to change from joint tenants to tenants in common, alter shares or transfer an interest. Landgate requires the correct transfer or application and tenancy description. A mortgagee’s consent, identity verification, duty assessment and other approvals may be needed.
Landgate notes that a unilateral transfer intended to sever a joint tenancy must be registered before the transferor’s death; an incomplete gift may be vulnerable. Obtain advice before relying on an unsigned or unregistered intention.
What happens after separation?
Separation does not itself update the certificate of title. Property settlement, a court order, consent orders, a financial agreement, refinancing and transfer registration are separate steps. Changing the title prematurely may create unintended consequences, so coordinate property, finance and family-law advice.
Hypothetical example
Two siblings buy an investment property, contribute different amounts and want their respective shares to pass to their own families. A tenancy-in-common structure with stated shares and a co-ownership agreement may better reflect that intention than joint tenancy—but tax, finance and estate advice should be obtained before deciding.
Questions to discuss before choosing
- Who contributed the deposit and who will pay the loan?
- Should the survivor receive the whole property automatically?
- Should each owner control who receives their share on death?
- Are there children from earlier relationships?
- What happens if one owner wants to sell?
- How will expenses, rent and improvements be handled?
- Is a family loan, trust or company involved?
Review property ownership with the estate plan
Legal Care Australia can advise on property transfers, ownership structure and connected estate-planning documents. Book an ownership review in English or Vietnamese.
Sources checked
First drafted: 21 July 2026. General information only; it is not legal, tax or financial advice.