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When you sign an Offer and Acceptance or Contract of Sale in WA, you will be asked to tick a box: Joint Tenants or Tenants in Common.
It looks like a minor administrative detail, but it is actually a significant estate planning decision. That single tick determines who owns your share of property if you pass away, and how you can sell your share in the future.
What Do These Terms Mean?
Joint Tenants
Think: “what is yours is mine.”
In a Joint Tenancy, you don’t own a specific percentage (e., 50%). Instead, both owners are treated as owning the whole property together.
Right of Survivorship: If one owner passes away, the property automatically transfers to the survivor. It does not go through the Will.
Who chooses this? Married couples and long-term domestic partners who want the home to go straight to their spouse with zero administrative fuss.
Tenants in Common
Think: “I own my slice, you own yours.”
Here, you own a specific share of the title. It could be 50/50, or it could be unequal to reflect financial contributions.
Inheritance: If you pass away, your share is an asset that is distributed according to your Will. It does not automatically go to the other owner.
Who chooses this? Investors, friends buying together and blended families.
Which Box Should You Tick?
To decide, you need to ask yourself three questions-
The “Deposit” Question: Did one person pay significantly more of the deposit?
If contributions are unequal (e.g., one person pays 70% of the deposit), tenants in common is the only structure that can formally reflect that financial proportion.
Joint tenancy does not record financial shares.
The “Life Event” Question: What is your long-term inheritance plan?
If you choose Joint Tenants, the property would go to the surviving owner on the title upon application, potentially disinheriting your children.
If you choose Tenants in Common, this ensures your share of the property can be left to your children in your Will.
The Investor Question: Is this an investment property?
Non-related Investors (other than spouses) generally opt for tenants in common, as it enables flexibility for tax planning and ensures that if one business partner dies, their share goes to their family, and not their business partner.
Under tenancy in common, one owner can technically sell their share independently (subject to certain conditions). Joint tenants cannot do this without breaking the joint tenancy first.
Can You Change Your Ownership Structure Later?
Yes, but it’s not as simple as crossing out a name. Changing your ownership structure requires a formal application with Landgate and can trigger transfer duty and tax implications.
Need Clarity?
There’s no single answer, depending entirely on your situation. Joint Tenancy is about simplicity and automatic succession. Tenants in Common is about flexibility and defined financial rights.
If you are still unsure, we are here to guide you. A short conversation with us early in the buying process is the best way to gain clarity and ensure peace of mind long before settlement day.