Property and conveyancing
Joint tenants or tenants in common: what changes?
Joint tenancy generally includes a right of survivorship between joint owners. A tenant in common generally holds a defined share that may form part of that person's estate. The appropriate structure depends on contributions, relationships, estate planning, lending and risk.
Conflict clearance and written engagement are required before the firm acts.Quick answer
What is the difference between joint tenants and tenants in common in WA?
Joint tenancy generally includes a right of survivorship: when one owner dies, their interest passes automatically to the surviving joint owner, outside the will. Tenants in common each hold a defined share that can form part of their estate and pass under their will. The right structure depends on contributions, relationships, estate planning, lending and risk.
- Joint tenancy carries a right of survivorship between owners.
- A tenant in common holds a defined share that passes under their will.
- A will generally does not control jointly owned (joint tenant) property.
- You can often sever a joint tenancy, but duty, lending and estate consequences apply.
- Neither option is universally better — it depends on your circumstances.
Jurisdiction: Western Australia.
Questions to consider
- Are contributions equal or unequal?
- Should the surviving owner receive the interest automatically?
- Are there children from earlier relationships?
- Is there a family loan or trust contribution?
- Could separation, insolvency or business risk affect an owner?
- Does the will align with the intended ownership outcome?
Important qualification
Changing ownership may involve transfer documentation, lender consent, duty, tax, family-law and estate-planning consequences. Obtain advice before lodging a change.
COMMON QUESTIONS
Frequently asked questions
What is the right of survivorship?+
With joint tenancy, when one owner dies their interest generally passes automatically to the surviving joint owner, outside the deceased owner's will. Tenants in common do not have this automatic survivorship.
Can we change from joint tenants to tenants in common?+
It is often possible to sever a joint tenancy so each owner holds a distinct share, but it can have duty, lending and estate consequences and should be done with advice.
Which is better?+
Neither is universally better. The right structure depends on your contributions, relationships, estate plan and risk profile — which is why an ownership review is useful.
Does my will control jointly owned property?+
A will generally does not control property held as joint tenants because survivorship applies first. Aligning ownership and your will is part of a sound estate plan.