Joint tenants
Joint tenants own the property together in equal shares. The key feature is the right of survivorship: if one joint tenant dies, their interest passes automatically to the surviving joint tenant or tenants. It does not form part of their estate and cannot be left in a will.
This is the most common choice for couples buying a home together.
Tenants in common
Tenants in common each own a defined share of the property, and the shares can be unequal — for example 80/20 to reflect different contributions. There is no right of survivorship: when a tenant in common dies, their share becomes an asset of their estate and passes under their will or the rules of intestacy.
A tenant in common can generally sell, mortgage or lease their own share without the agreement of the other owners, which makes this structure common for investors, friends or family members buying together.
Key differences at a glance
| Joint tenants | Tenants in common | |
|---|---|---|
| Shares | Always equal | Can be unequal (e.g. 70/30) |
| When an owner dies | Share passes automatically to the survivor(s) | Share passes under the will or intestacy rules |
| Leaving your share in a will | Not possible | Yes |
| Common for | Couples buying a home | Investors, friends, family buying together |
Things to consider before you choose
- Estate planning: do you want your share to go to the co-owner or to your estate?
- Contributions: unequal deposits or repayments may suit tenants in common
- Tax: co-ownership affects how capital gains and rental income are split — for CGT purposes joint tenants are treated as owning equal shares
- Changing later: it is possible to change between the two, but it involves a transfer and may have duty and tax consequences — get advice first
Useful tools: our fees · instant quote · Section 32 guide
Common questions
Which is better for a married couple?
Many couples choose joint tenants so the home passes automatically to the survivor. It depends on your estate planning — speak with your conveyancer and, if needed, an estate lawyer.
Can we change from joint tenants to tenants in common later?
Yes, by lodging a transfer to sever the joint tenancy. Duty and tax consequences can apply, so get advice before doing it.
Where is the choice recorded?
On the transfer document lodged with the state land registry when you buy. Your conveyancer will ask you to choose before settlement.
Sources
- Australian Taxation Office — Co-ownership and right of survivorship
- Queensland Revenue Office — Death of a property owner exemption
- Legal Services Commission SA — Common forms of land ownership
General information only, not legal advice. Checked 23 October 2026.