(08) 8314 7575
After hours: 0412 975 081

Joint-Tenants-vs.-Tenants-in-Common

Ask the Lawyer

Q. My partner and I own property together. If one of us dies does this mean that the surviving partner automatically receives the property?

A. When two or more people purchase property together there are two options available to them in how they wish to hold the property.

The most common form of ownership amongst couples is Joint Tenants. This means that when one person dies the property will automatically pass to the surviving registered owner under the rule of survivorship.

The other option is Tenants in Common which means each person owns a portion or percentage in the property. This is more commonly used in the purchase of an investment property. In the event one person dies their portion forms part of their estate and is dealt with in accordance with their Will or in the absence of a Will, under the laws of intestacy.

Seeking legal advice will ensure you are informed of potential issues. For example in the case of Joint Tenants, if you have children from a previous relationship and you die, the property will pass to your partner. Your partner could then update their Will to exclude your children from inheriting, and unless they are dependent on your partner they are unlikely to have a claim against your partner’s estate.

Chantelle Moore
Solicitor
Scammell & Co.
8 Union Street, Gawler
T: 8522 7160
E: This email address is being protected from spambots. You need JavaScript enabled to view it.

Email us

Scammell-Logo

Online Enquiry

Contact us online by completing the form below.
Please note that fields marked with an asterisk (*) must be completed to ensure a prompt response.

1000 characters left
Test