Joint Tenants vs Tenants in Common on Death in BC

If you co-own a home or other property in British Columbia with a spouse, relative, friend or business partner, the way you hold title decides what happens to your share when you die. Many owners do not know which form of title they have.

This article compares the two forms, explains what the survivor must do after a death, and points out the situations where the simple rule does not apply.

This article covers the law of British Columbia.

The two forms of title in plain words

Joint tenants own the property together as one unit, and the survivor takes the deceased's interest when one dies. Tenants in common each own a share. Land transferred to two or more people is held as tenants in common unless a contrary intention appears in the instrument, and their interests are presumed equal if unstated.

Unlike joint tenants, tenants in common have no survivorship between them, so a deceased owner's share is dealt with as part of their estate.

What happens to your share on death

If your share passes under the estate and there is no will, the intestacy rules apply. With a spouse and no descendants, the whole intestate estate goes to the spouse. With no spouse, it goes to the descendants in equal shares.

What the survivor has to do

To register a survivorship at the Land Title Office, an application is filed with a certified copy of the grant of probate or administration, or a certificate of death. Form 17 is used, selecting Transmission to Surviving Joint Tenant. The online service requires all owners on title to be individuals holding as joint tenants, and accepts an original death certificate or grant of probate only, not photocopies, notarized copies or a funeral director's certificate.

The registration fee online is $82.52 per parcel, though fees can change, so check the current amount. A legal professional is needed for the online application if any owner is a corporation, trust trustee or limited partnership partner.

When the simple rule does not apply

• If the surviving joint tenant dies without transmitting, title goes to that survivor's personal representative.
• Judgments naming the deceased as debtor must be listed on the Form 17. Registering a judgment against one co-owner does not sever the joint tenancy, so the survivor takes free of it.
• If joint owners die within 5 days of each other, or survival is uncertain, sections 5 or 10 of the Wills, Estates and Succession Act apply for deaths after March 30, 2014. Under s. 5(2), joint tenants or joint account holders who die together are treated as tenants in common unless a contrary intention appears.
• A joint tenant can transfer their interest to themselves, which severs the joint tenancy and leaves the owners as tenants in common with no survivorship.

If a spouse owns the home with you, the spousal home rules may matter too. A surviving spouse may acquire the home from the personal representative, by written notice, within 180 days after the grant is issued unless the court extends the period. Whether that applies to your property depends on how it is held and what the estate includes, so ask a lawyer.

What to do next

• Find your title and check whether it says joint tenants or tenants in common.
• Compare your title with what your will says, since a joint tenancy overrides the will for that property.
• Consider whether severing makes sense, and how it would affect your co-owner.
• If a co-owner has died, gather the original death certificate or grant of probate before applying.
• Speak with a lawyer if there are corporate owners, judgments, mortgages or a blended family.

Frequently asked questions