Property · Knowledge Hub

What is the difference between joint tenants and tenants in common?.

Reviewed 12 Oct 2026
Short answer. Joint tenants own the whole property together, so on the death of one the survivor takes the whole by survivorship, registered by a simple survivorship application without probate. Tenants in common each own a distinct share that passes under their will through their estate, which requires probate. Couples often choose joint tenancy, and people buying in defined or unequal shares often choose tenancy in common.

The two forms of co ownership differ in what happens on death. Under a joint tenancy the right of survivorship means the surviving owner becomes the sole registered proprietor automatically, done by a survivorship application that is simple, inexpensive and does not require probate. Under a tenancy in common each owner holds a separate share that forms part of their estate and passes under their will, so probate is generally needed before the share can be dealt with.

Joint tenancy is usually chosen by domestic partners, and tenancy in common is common for business partners or where owners contribute unequally and want defined shares.

The form of co ownership interacts with estate planning, so buying property is a natural prompt to make or review a will and powers of attorney, particularly for blended families, where survivorship can unintentionally exclude the children of one partner.

CMK Legal's property and conveyancing team can act on matters like this.

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The ownership form chosen on the transfer directly controls what happens on death, so it should match the estate plan. [Reviewing your will and powers of attorney](/wills-estates) when you buy avoids an unintended result, especially in blended families.

Law referenced: Transfer of Land Act 1958 (co ownership and survivorship); Administration and Probate Act 1958.

Disclaimer: This information is general only and is not legal, accounting, financial or tax advice. Laws and regulations change and this content may become outdated. Do not rely on it without obtaining professional advice tailored to your circumstances.

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