Joint tenancy vs tenants in common in BC — the plain-English realtor's guide.
If you're buying with a spouse, a partner, a sibling, or an adult child, how you take title matters more than most people realize. Here's what joint tenancy and tenants in common actually mean in BC, when to choose which, how to sever a joint tenancy, and the counter-intuitive fact almost every buyer gets wrong.
The 60-second answer
Joint tenancy means when one owner dies, the property passes automatically to the surviving owner(s) — no probate on that share. Tenancy in common means each owner has a separate, transferable share that passes through their estate when they die. Joint tenants must hold equal, identical interests; tenants in common can hold unequal shares.
The counter-intuitive fact: in BC, tenancy in common is the default. If a Form A transfer to two or more people is silent on how they take title, BC's Property Law Act s.11(2) makes them tenants in common — not joint tenants. To create a joint tenancy in BC, the document has to expressly say "as joint tenants."
What is joint tenancy?
Joint tenancy is a form of co-ownership where all the owners hold one and the same interest in the property. In the words of the LTSA's Land Title Practice Manual, joint tenants hold "one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession."
Lawyers describe this as the four unities:
- Unity of title — all owners take from the same document.
- Unity of time — all interests begin at the same moment.
- Unity of interest — all interests are equal and identical.
- Unity of possession — every owner has an equal right to the whole property.
Break any one of those and you don't have a joint tenancy anymore. That matters for how joint tenancies get created — and how they get severed, which we'll come back to.
The single defining feature of joint tenancy is the right of survivorship: when one joint tenant dies, that owner's interest passes automatically to the surviving joint tenant(s). Nothing goes through the deceased's estate. Nothing gets probated. The survivor files a death certificate with the Land Title Office and takes title.
What is tenancy in common?
Tenancy in common is co-ownership where each owner holds a distinct, transferable share of the property. People's Law School BC puts it this way: "the owners' interests are separate. When one of the owners dies, their share of the property becomes part of their estate. It doesn't automatically go to the other owner(s)."
Two important consequences follow:
- Shares can be unequal. Two tenants in common might own 60/40, or 33/33/34, or any split the transfer document specifies. Joint tenants can never have unequal shares — that would break unity of interest.
- There's no automatic survivorship. When a tenant in common dies, their share passes by their will, or — if there's no will — by BC's intestacy rules under the Wills, Estates and Succession Act. The Land Title Office will ask for a grant of probate before it will transfer the deceased owner's share.
Joint tenancy vs tenants in common — side by side
| Joint Tenancy | Tenancy in Common | |
|---|---|---|
| Ownership shares | Must be equal, identical, undivided | Can be equal or unequal; each share is distinct |
| On death of one owner | Interest passes automatically to survivor(s) | Interest goes into deceased's estate |
| Probate on that interest? | No — LTO transmits on death certificate | Yes — LTO requires grant of probate |
| Can you leave your share by will? | No — survivorship overrides the will | Yes — share passes under will or intestacy |
| Can you sell/mortgage your share alone? | Yes, but doing so severs the joint tenancy | Yes — no severance issue; the tenancy in common continues |
| BC default when instrument is silent? | No | Yes — Property Law Act s.11(2) |
The right of survivorship, explained
The right of survivorship is the reason most couples in BC hold as joint tenants. When one joint tenant dies, their interest in the property doesn't pass through the will — it passes automatically to the surviving joint tenant. The survivor files paperwork with the Land Title Office (including the death certificate), title updates, and life moves on. Probate fees don't apply to that jointly held interest.
For a tenant in common, the process is the opposite. The deceased owner's share becomes part of their estate. The executor applies for a grant of probate in BC Supreme Court, probate fees are paid on the estate value, and only then can the Land Title Office transfer the share to whoever inherits it under the will.
This is why joint tenancy gets called an "estate planning tool." It isn't a full estate plan — capital gains, principal residence exemption, creditor exposure, and unequal contributions all still need thought — but the survivorship right does bypass the probate step for that specific asset. Just don't mistake tax-free for legally-tidy: the tax questions here are federal (Income Tax Act), not BC-specific, and they belong to your accountant, not your realtor.
The counter-intuitive fact — tenancy in common is the BC default
Almost every buyer I meet assumes that if two people buy a house together, they automatically end up as joint tenants. In BC, that's the opposite of the rule.
Section 11(2) of BC's Property Law Act reads, verbatim: "If, by an instrument executed after April 20, 1891, land is transferred or devised in fee simple, charged, or contracted to be sold by a valid agreement for sale in which the vendor agrees to transfer the land to 2 or more persons, other than personal representatives or trustees, they are tenants in common unless a contrary intention appears in the instrument."
Section 11(3) adds: "If the interests of the tenants in common are not stated in the instrument, they are presumed to be equal."
Translation for BC buyers: when your Form A transfer is registered at the Land Title Office, if it doesn't expressly say "as joint tenants," you're tenants in common. Even if you're married. Even if you're 100% aligned on estate intent. Silence defaults to tenancy in common with equal shares.
This is why the exact wording on your Form A matters. Your conveyancer will ask how you want to hold title. If joint tenancy is what you want, it has to be said in writing.
How to sever a joint tenancy in BC
"Severance" means ending the joint tenancy — turning it into a tenancy in common. Once severed, the right of survivorship is gone. Whichever owner initiated the severance now holds a transferable share that will pass through their estate.
There are three main ways to sever a joint tenancy in BC:
1. Unilateral severance — transferring to yourself
Property Law Act s.18(3) is the key BC provision. Verbatim: "A transfer by a joint tenant to themselves of the joint tenant's interest in land, whether in fee simple or by a charge, has and is deemed always to have had the same effect of severing the joint tenancy as a transfer to a stranger."
In plain English: one joint tenant can, on their own, transfer their interest to themselves — and doing so severs the joint tenancy. This is the standard mechanism when a joint tenant wants to end survivorship without involving the other owner. Common triggers: relationship breakdown, an owner wanting their share to go to their children rather than the other joint tenant, or a change of estate plan.
2. Mutual agreement
All joint tenants can agree together to sever and hold as tenants in common instead. This is often documented alongside a broader agreement (separation, business restructuring, revised estate plan).
3. Court order
Under the Partition of Property Act, any joint tenant, tenant in common, or person with an interest in the property can apply to court to force partition or sale. Courts most often see this on relationship breakdown or business disputes where the owners can't agree.
A separate BC-specific note on separation: under the Family Law Act framework, when spouses separate, the joint tenancy on many family assets is severed and the spouses become equal tenants in common. This is a lawyer question, not a realtor question — but knowing the rule exists is worth something at the intake conversation.
Do not attempt severance without a BC lawyer.
Severance touches estate planning, family law, tax, and — if the other joint tenant isn't expecting it — potentially litigation. Property Law Act s.18(3) makes unilateral severance legally possible. It doesn't make it advisable without professional guidance. Every severance I've seen a client actually complete has gone through a BC real estate or estates lawyer.
Common scenarios I see in the Tri-Cities
Married or common-law couples buying together
The most common choice is joint tenancy — it keeps the estate simple if one spouse dies and lets the survivor stay on title without probate. But it isn't automatic. If your Form A doesn't say "as joint tenants," s.11(2) defaults you into tenancy in common. Talk to your notary or conveyancer about the wording when you sign.
If one partner is bringing a much larger down payment and you want that reflected in the ownership, tenancy in common with unequal shares (specified in the transfer) is what you're looking for. That conversation belongs with a family or estates lawyer before you commit — because joint tenancy vs unequal tenancy in common changes what happens on separation, on sale, and on death.
Business partners buying an investment property
Almost always tenancy in common, with shares that mirror each partner's capital contribution. Business partners rarely want survivorship — if one partner dies, most partners want that share to pass to the deceased's family or estate, not to the surviving business partner. Tenancy in common does that.
Section 11(3) presumes equal shares unless the transfer specifies otherwise. If the split is 60/40 or 50/25/25, that must be in the Form A.
Parent adding an adult child to title — the highest-risk scenario
This one gets pitched as a simple estate-planning move: put the adult child on title as a joint tenant so that when the parent dies, the house passes to the child without probate. The reality is significantly more complicated, and it's the single scenario in this article I'd stop a client from doing on realtor advice alone.
The Supreme Court of Canada's decision in Pecore v. Pecore holds that a gratuitous transfer from a parent to an independent adult child creates a presumption of resulting trust. Translation: the child may hold legal title while the beneficial interest stays with the parent's estate — unless the parent's intention to gift the survivorship right is proven at the time of transfer. BC courts have applied this to real property (see Zeligs v. Janes, 2016 BCCA 280; more recently Mong Alter Ego Trust No. 1 v. Yip, 2022 BCSC 1327; and Kennedy v. Smith, 2022 BCSC 1622, which reinforces that transferring legal title into joint tenancy creates an immediate inter vivos gift of the survivorship right).
Real risks the parent needs to understand before this transfer happens:
- The child's creditors, ex-spouses, and disputing siblings may all be able to attack the interest once the child is on title.
- The transfer may be an immediate, irrevocable gift of the survivorship right — meaning the parent can't take it back.
- Property Transfer Tax, capital gains, and principal residence exemption consequences may all apply.
- If the parent's intent isn't documented at the time, the child may end up in litigation with siblings after the parent's death arguing whether the property was gifted or held in trust.
If you're considering this, see a BC wills and estates lawyer before the transfer — not after. A well-drafted alter-ego or joint spousal trust, or a plain will with a properly funded probate plan, is often a better fit than joint-tenancy title with an adult child.
Siblings inheriting a property together
Unless the will or the transfer expressly says otherwise, siblings inheriting jointly hold as tenants in common in equal shares — that's the s.11 default working exactly as designed. Each sibling can leave their share by will, sell their share (subject to the co-owners' cooperation on any physical sale of the whole property), or apply to partition under the Partition of Property Act if the co-owners can't agree.
The realtor's role vs the lawyer's role
Here's the honest boundary I hold with clients.
Your realtor's job is to help you understand what the choice looks like at listing and negotiation stage. That means: raising the question early so it's not a surprise at signing, explaining what each option means in plain English (which is what this article is), and making sure you have a lawyer or notary lined up who can advise on the specific wording of your Form A before you sign it.
Your lawyer's or notary's job is the drafting and the advice. Every one of these decisions — how to hold title, whether to sever, whether to put a child on title, how to structure a purchase between partners — is a signature-quality decision. Do not sign the Form A on realtor guidance alone.
People's Law School BC states it plainly in their own guidance on jointly held property: "You may also consider speaking to a lawyer for expert advice." That's the standard. It applies here too.
Frequently asked questions
What is the difference between joint tenancy and tenants in common in BC?
Joint tenants hold one identical interest with automatic survivorship on death. Tenants in common hold separate, transferable shares (which can be unequal) that pass through the estate on death. In BC, tenancy in common is the default when the transfer document is silent — Property Law Act s.11(2).
Is joint tenancy or tenants in common better?
Neither is objectively better — the right choice depends on the relationship, the estate plan, and whether shares need to be unequal. Married couples usually pick joint tenancy for the automatic survivorship. Business partners and blended-family scenarios usually pick tenancy in common. Never pick either without a lawyer or notary reviewing the specific facts.
How do you sever a joint tenancy in BC?
Three ways: (1) unilateral severance by one joint tenant transferring their interest to themselves under Property Law Act s.18(3); (2) mutual agreement of all joint tenants; or (3) court order, typically under the Partition of Property Act. All three should be executed through a BC real estate lawyer.
Do you need probate on a joint tenancy in BC?
No — on the death of a joint tenant, the survivor can transmit title with a death certificate at the Land Title Office. No grant of probate is required for that jointly held interest. Other estate assets may still require probate.
What happens if the transfer document doesn't say joint tenants or tenants in common?
Under Property Law Act s.11(2), if the instrument is silent, the co-owners are tenants in common. Under s.11(3), if the shares aren't specified, they're presumed equal. Result: silence in BC defaults to equal tenancy in common — not joint tenancy.
Can tenants in common have unequal shares?
Yes. This is one of the main reasons to choose tenancy in common. Any split — 60/40, 33/33/34, whatever the transfer document specifies — is permitted. Joint tenants cannot have unequal shares.
Should a parent add an adult child to title as a joint tenant?
This is the highest-risk scenario in this article. Pecore v. Pecore creates a presumption of resulting trust on gratuitous transfers to independent adult children, the transfer may be an irrevocable gift of the survivorship right, the child's creditors and ex-spouses may attack the interest, and there can be property transfer tax and capital gains consequences. See a BC wills and estates lawyer before making the transfer.
Does a joint tenancy sever automatically on separation in BC?
Under the Family Law Act framework, separation can sever the joint tenancy on many family assets, converting the spouses into tenants in common. The rules are technical and highly fact-specific. If you're separating, this is a family lawyer question, not a realtor question.
Where does this leave you?
If you're buying, three things to bring to your notary or lawyer before you sign your Form A:
- The decision. Joint tenancy or tenants in common — and if tenants in common, what the share split is.
- The reason. Estate plan, unequal contribution, blended family, business co-ownership — the "why" changes the drafting.
- The document. Whatever the intent is, it has to appear on the Form A itself. Silence defaults to tenancy in common under s.11(2). Wording matters.
If you already own and you're thinking about severing, adding someone to title, or restructuring co-ownership: get lawyer advice first. Every one of the scenarios above has been the source of BC litigation. Getting the paperwork right at the start is dramatically cheaper than sorting it out after someone dies.
Sources — all authoritative BC references
Every legal claim above traces to one of the following primary sources.
- BC Property Law Act, s.11 (co-ownership default) and s.18(3) (unilateral severance) — bclaws.gov.bc.ca — Property Law Act
- BC Partition of Property Act — bclaws.gov.bc.ca — Partition of Property Act
- BC Wills, Estates and Succession Act (WESA) — bclaws.gov.bc.ca — WESA
- Land Title Transfer Forms Regulation — Form A — bclaws.gov.bc.ca
- People's Law School BC — Is probate needed for jointly owned real property? — peopleslawschool.ca
- People's Law School BC — Does jointly owned property become part of estate? — peopleslawschool.ca
- LTSA — Transmit to surviving joint tenant — ltsa.ca
- LTSA Land Title Practice Manual — Registration of Joint Tenants (Chapter 177) — ltpm.ltsa.ca
- Clicklaw BC — Basic Principles of Property and Debt in Family Law — clicklaw.bc.ca
- Pecore v. Pecore, 2007 SCC 17 — canlii.org (SCC)
- Zeligs v. Janes, 2016 BCCA 280 — canlii.org (BCCA)
- Kennedy v. Smith, 2022 BCSC 1622 — canlii.org (BCSC)
- Mong Alter Ego Trust No. 1 v. Yip, 2022 BCSC 1327 — canlii.org (BCSC)
Buying in the Tri-Cities? Let's talk before you sign the Form A.
How you take title is one of the small decisions that has big consequences years later. On a Strategy Call I'll walk you through the practical questions you should be raising with your lawyer or notary — before, not after, you commit.