Joint tenants vs tenants in common in BC: right of survivorship, what happens on death, probate, and how to change title. A plain-English guide with a comparison table.
When two or more people buy property together in BC, they have to choose how to hold title: as joint tenants or as tenants in common. It looks like a box to tick at closing. It is actually the decision that governs what happens to the property when one owner dies — and the two options produce completely different results.
This is the difference between joint tenants and tenants in common, in plain English, with a comparison table and the BC-specific rules that matter.
| Joint tenancy | Tenants in common | |
|---|---|---|
| Ownership shares | Undivided whole — owners hold the property together, not in shares | Defined fractional shares (50/50, 60/40, any split) |
| Right of survivorship | Yes — survivor takes the deceased’s interest automatically | No — each share passes under its owner’s will |
| What happens on death | Title transfers to the survivor outside the estate | The deceased’s share goes through the estate |
| Probate on death | Not required for the joint-tenancy share | Generally required for the deceased’s share |
| Does the will control it? | No — survivorship overrides the will | Yes — each owner directs their share by will |
| Best suited to | Spouses / partners who want the survivor to keep the home | Blended families, unequal contributors, co-investors |
| How to change it | Sever by Form A transfer (one owner can do this alone) | Convert to joint tenancy by Form A (both must sign) |
Joint tenancy means the surviving owner automatically takes the deceased owner’s share. Title moves to the survivor without going through the deceased’s estate. No probate is required for that share, and the deceased’s will has no effect on the property.
Tenancy in common means each owner has a defined fractional share — 50/50, 60/40, 70/30, or any other split. When one owner dies, their share passes through their estate (under the will, or under WESA if there is no will), not to the other owner. Probate is generally required.
Both forms exist on title, both can be used for any combination of owners, and switching between them later is possible — but it requires a transfer at the Land Title Office and can carry Property Transfer Tax and income-tax consequences.
Right of survivorship is the feature that makes joint tenancy different from everything else. On the death of one joint tenant, that owner’s interest does not become part of their estate — it passes, by operation of law, to the surviving joint tenant. There is nothing for an executor to administer and nothing for the will to direct.
That is the headline benefit of joint tenancy and also its headline risk: it cuts the will out of the picture for that property. If your will says “my house goes to my children” but the title is held in joint tenancy with your spouse, the spouse takes the property regardless of what the will says. The will only governs property that passes through your estate, and joint-tenancy property does not.
Tenants in common have no right of survivorship. Each owner’s share is theirs to direct — which is exactly why it is the right structure when you want a defined share to end up somewhere specific.
Joint tenancy is the default for most spouses or long-term partners holding a principal residence. The reasoning is simple: most couples want the surviving spouse to keep the home automatically, without delay, without probate, and without the administrative cost of an estate. Joint tenancy delivers exactly that.
It also tends to be the right choice when:
Tenancy in common usually makes sense in three situations:
Blended families. A spouse who has children from a previous relationship often wants their share of the home to end up with those children rather than passing automatically to the surviving spouse. Tenancy in common (typically 50/50) lets each spouse direct their share through their will — usually with provisions giving the surviving spouse the right to live in the home for life, with the property then passing to the deceased spouse’s children on the survivor’s death.
Unequal contributions. When two people are buying together but one is contributing a much larger down payment, tenancy in common with proportional shares (e.g., 70/30) reflects the actual ownership. On a sale, each owner gets their share of the proceeds.
Business partners or co-investors. Two friends, siblings, or business partners buying an investment property together usually want defined shares — both for clarity during ownership and for clean division on a sale or a death. Tenancy in common is almost always the right form for non-romantic co-ownership.
The form of co-ownership can be changed during the owners’ lifetimes.
Switching from joint tenancy to tenancy in common is called severing the joint tenancy. One owner can do it unilaterally — even without the other owner’s consent — by registering a Form A transfer at the Land Title Office. Severance converts the joint tenancy into a tenancy in common and restores the right to direct that share through a will. This is the tool to reach for after a separation, or when an owner’s estate plan changes.
Switching from tenancy in common to joint tenancy requires both owners to agree and to sign a Form A transfer.
Both directions can have Property Transfer Tax implications, even though no money changes hands — the PTT is calculated on the fair market value of the interest being transferred. A related-individual exemption applies to transfers between spouses, but the rules are narrow and we confirm qualification on every title transfer file.
The mechanics differ sharply.
Joint tenancy on death. The survivor signs an Affidavit of Survivorship and registers a copy of the death certificate at the Land Title Office. Title transfers automatically to the survivor. No probate is required for the deceased’s share. Property Transfer Tax does not apply on the change of registration. The whole process is administrative and inexpensive.
Tenancy in common on death. The deceased’s share passes through the estate. The executor obtains a Grant of Probate (or, where no will exists, a Grant of Administration). Once probate is granted, the executor registers the transfer of the deceased’s share to the beneficiaries. Property Transfer Tax usually does not apply on a transfer under a will, but probate fees do — currently about 1.4% of the value of the deceased’s share above $50,000.
For couples without children, or with adult children from the same relationship, the tenancy-in-common path is usually slower and more expensive than the joint-tenancy path. For blended families, the slower path is the whole point — it lets each spouse’s share go where they want it.
We see this regularly: a parent puts an adult child on title in joint tenancy, aiming to “avoid probate” on the parent’s death. The execution often goes badly.
First, adding the child to title is a deemed disposition for income tax and can trigger capital gains (and a partial loss of the principal residence exemption), even with no money changing hands. Second, the property is now exposed to the child’s creditors — some BC families have lost a parent’s home to a child’s marital dispute or bankruptcy. Third, the child does not always inherit: the Supreme Court of Canada has held that a transfer from a parent to an adult child is presumed held in trust for the parent’s estate, not gifted — so sibling litigation over the parent’s intent is a real risk.
If probate avoidance is the goal, a properly drafted will or trust is usually the better tool. We cover the trade-offs in detail in putting an adult child on title in BC.
Co-ownership decides what happens to the property when an owner dies. It says nothing about what happens if an owner loses capacity while alive — and that gap catches families off guard. If a joint owner develops dementia or is incapacitated, the other owner often cannot sell or refinance the property alone, because dealing with the incapacitated owner’s interest requires legal authority to act for them.
That authority comes from an enduring power of attorney, signed while the owner still has capacity. Title form and a power of attorney solve two different problems; most co-owners need both. We raise this on title decisions so it is handled before it becomes urgent.
On every BC purchase or title transfer we close, we ask the owners how they want to take title. For most spouses on a principal residence, joint tenancy is the right answer. For blended families, business partners, or unequal contributors, tenancy in common usually fits better. Where the answer is unclear, we walk through the consequences before registering — and where an existing registration does not match what the owners intended, we fix it.
Talk to a Vancouver real estate lawyer about how to take title on your purchase, or about severing or changing an existing co-ownership.
Written by Lime Law Corporation. This article is general information about BC law as of May 6, 2026. It is not legal advice. If you have a specific matter, contact us — and please do not rely on a blog post in place of advice on your file.
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