Joint tenancy and tenancy in common give different outcomes when an owner dies
Joint tenancy and tenancy in common are ways of owning property with others. Each works differently when an owner dies, see graphic below. This impacts who will inherit the deceased owner’s share. These graphics seek to highlight how each tenancy works.
In a joint tenancy, when one owner dies, the surviving one automatically owns the whole property. This happens independently of any will (and probate) because of the right of survivorship attaching to this tenancy type.
In contrast, under a tenancy in common when an owner dies their share passes to who they have chosen to give it to in their will. If no will was left then it is disposed according to the rules of intestacy. So having a will is important with this tenancy so the owner can choose who they want to inherit their share. Read more here on co-ownership, tenancy and their consequences on inheritance and making a will.
The Land titles offices in each state and territory provide helpful explanations on the meaning of tenancy, such as the New South Wales’ Land and Property Information’s What is tenancy? page here.
4 May 2014
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