Joint tenants: one whole, held together
As joint tenants, you and your co-owner hold the property together in equal shares, with the same rights over it. The feature that defines it is the right of survivorship. When one joint tenant dies, their share passes automatically to the surviving owner. It doesn't go through their will, and it doesn't wait for probate.
That's why married and de facto couples buying a family home usually choose it. The home simply stays with the person left behind.
Tenants in common: your share is yours
As tenants in common, each owner holds a defined share. The shares can be equal, or they can reflect what each person put in: 30/70, 90/10, whatever you agree. When a tenant in common dies, their share passes under their will rather than to the co-owner. Whoever inherits it can keep it, sell it or transfer it.
That's why friends, siblings and business partners buying together usually choose it. Each person's slice stays theirs.
Say Mei and Daniel buy in Ripley
Mei and Daniel are married and buy a house in Ripley as joint tenants. Years later Daniel dies. The house passes to Mei by survivorship. No probate is needed for the house, and Daniel's will doesn't get a say in it.
Now say Daniel had bought the same house with his brother Tom, putting in 70 percent of the money to Tom's 30. As tenants in common in those shares, Daniel's 70 percent would pass under his will, to Mei, and she and Tom would then own the house together. Same house, very different result, and the only thing that changed was a box on the transfer form.
What joint tenancy gives you, and what it costs you
The upside is simplicity. Survivorship moves the property without probate. Both owners share the rights and the maintenance obligations equally. It's easy to set up and easy to live with.
The cost is control. Your shares are equal regardless of who paid what, so a 70/30 contribution still lands as 50/50 on the title. You can't deal with your share on your own terms the way a tenant in common can, and if a joint tenant does transfer their interest, that transfer ends the joint tenancy and the owners become tenants in common. And if the relationship ends, someone usually has to buy the other out, or the house gets sold.
What tenancy in common gives you, and what it costs you
The upside is flexibility. Unequal shares can mirror unequal contributions. Each owner can sell, mortgage or transfer their own share without the others. And your share is part of your estate, so you decide in your will where it goes.
The cost is that there's no survivorship. When a tenant in common dies, their share goes through their estate, which takes time. The people who inherit it may have different ideas about the property from the surviving owner, and that's where disputes tend to start.
Picking one
There's no right answer that fits everyone. What matters is who paid what, what the relationship between the owners is, and what you want to happen when one of you dies. Couples buying a home to live in tend to land on joint tenancy. Anyone buying with someone they wouldn't leave their share to in a will tends to land on tenancy in common.
You can change it later if every owner agrees, though there are registration fees, and moving from tenants in common back to joint tenants needs the shares to be equal. Getting it right at the start is cheaper.
Questions people ask
We're putting in different amounts. Can we still be joint tenants? You can, but the title will show you as equal owners regardless. If you want the ownership to reflect the contributions, tenants in common in unequal shares is the structure that records it.
Does joint tenancy mean we avoid probate? For that property, yes. The share passes to the surviving joint tenant by survivorship, outside the estate. Anything else the person owned still passes under their will in the usual way.
Can we change from one to the other later? Yes, if all the owners agree. Registration fees apply, and a change back to joint tenancy requires equal shares.
Where this comes from
- The Land Title Act 1994 (Qld), which governs how co-ownership is recorded on a Queensland title.
How Stanford Legal can help
We'll talk you through which structure suits your situation before the transfer is lodged, not after. If you already own and want to change the arrangement, we can handle that too. The first conversation is free. Call 0483 980 001 or book a time online.
This article is general information for Queensland readers, current at the time of writing. It isn't legal advice for your situation. Liability limited by a scheme approved under Professional Standards Legislation.
