Joint Tenancy vs Tenancy in Common on an Alberta Land Title

If you are buying a home with a partner, a relative or a friend, how the two of you hold title is something to settle before you sign. That choice affects what happens if one of you dies, and how you can deal with your share later.

This article explains the two forms of co-ownership in Alberta, which one applies if the documents say nothing, how people switch between them, and how the Dower Act can affect married owners. It is general information, not advice on your own title.

This article covers the law of Alberta.

The default: tenants in common

When two or more people receive land together in Alberta, they take as tenants in common and not as joint tenants, unless an intention to create a joint tenancy sufficiently appears in the instrument. In other words, if the transfer is silent or unclear, you should expect tenancy in common.

In plain terms, a joint tenancy is the form people usually choose when they want the survivor to end up with the whole property. Tenancy in common is the form people usually choose when each owner wants a separate share. How the wording of your transfer is read can matter, so it is worth confirming that it says what you intend before you sign.

Why the form shown on title matters

The certificate of title is the record of title to land kept by the Registrar. It is conclusive proof in all courts that the named holder is entitled to the land for the estate or interest stated, subject to the exceptions in the Land Titles Act and to fraud. The conclusive effect does not protect against fraud. That is why the way co-owners are shown on title carries so much weight.

Registration also matters for timing. Once a certificate of title has been granted, no instrument is effectual to pass an estate or interest in the land unless it is executed and registered under the Act. A leasehold of three years or less is an exception and can pass without registration. So a signed transfer between co-owners does not change who owns what until it is registered.

The title also does not show everything. Some matters, such as unpaid taxes and public highways, affect the land without being mentioned on it.

Switching between the two forms

An owner may convey land to themselves jointly with others, and may convert between joint tenancy and tenancy in common by a conveyance, to the same extent as conveying to a third party. This means co-owners do not have to sell to someone else just to change how they hold title.

If a joint tenancy is changed to a tenancy in common by a self-transfer, registering that transfer severs the joint tenancy, with the same effect as a transfer to another person. A court order for partition or sale also severs a joint tenancy when it is granted.

When a joint tenant dies

When a joint tenant dies, the Registrar, on written application, cancels the certificate of title and grants a new certificate in the name of the surviving joint tenant.

Whether the survivor ends up with the whole property therefore depends on the joint tenancy still being in place at death. If it was severed earlier, the situation is different, and a lawyer can explain how a deceased co-owner's share is dealt with.

Married owners and the Dower Act

A married person may not dispose of the homestead without the spouse's written consent, which must be contained in or annexed to the instrument and registered with it. A homestead is the parcel with the owner's residence, up to 4 adjoining lots in a city, town or village block, or one quarter section elsewhere.

• A court may dispense with the spouse's consent, for example where the spouses live apart or the spouse's whereabouts are unknown.
• Spouses who sign a disposition as joint tenants or tenants in common are treated as consenting to release their dower rights.
• The Act does not apply where the land is held jointly or in common with someone other than the spouse.
• The Act refers to a married person and spouse and does not mention adult interdependent partners, so its consent rule does not by its terms extend to unmarried partners.

What to do next

• Get a current copy of your title and read how the owners are shown.
• Check that the transfer wording shows the form you actually want.
• Decide whether you want a survivor to take the whole property or each owner to hold a share.
• If you are married, ask whether the Dower Act applies to your homestead.
• Have a lawyer prepare and register any change, because it only takes effect once registered.

To get a current title search you need a legal description, a land identification number code (LINC) or a title number. Titles can be searched through the Spatial Information System (SPIN2) or a registry agent, and since May 29, 2025 you can also search and pay for titles in the Alberta Registry for Land Online (ARLO) by Plan/Block/Lot, title number, LINC or ATS legal description.

Frequently asked questions