Disclaimer: Nothing in this article constitutes legal advice, nor does it establish a solicitor-client relationship between the reader and Alpine Legal Services. Laws and figures referenced are current as of October 2026.
When two or more people buy a home together in British Columbia, they have to choose how they will hold title. The two options are joint tenancy and tenancy in common. The choice looks like a box on a form, but it decides what happens to your share of the home if you die, whether you can sell or leave your share to someone else, and how the property is dealt with in your estate.
The short version is this. With joint tenancy, when one owner dies their share passes automatically to the surviving owner. With tenancy in common, each owner holds their own share, and that share passes under their will. Below we explain how each one works in BC, the default rule if your documents say nothing, and how to pick the right one for your situation.
What Is Joint Tenancy in BC?
In a joint tenancy, every owner holds the whole property together rather than a set percentage of it. The key feature is the right of survivorship. When one joint tenant dies, their interest ends and the surviving joint tenant or tenants own the whole property. The deceased owner’s will does not control what happens to the home.
To move the title into the survivor’s name, the survivor usually files an application with the Land Title Office along with a copy of the death certificate. Because the property passes outside the estate, it is generally not counted when the estate’s probate fees are calculated in BC.
Joint tenancy is common for spouses who want the home to go straight to the other if one of them dies. It is simple, and for many couples it does exactly what they want.
What Is Tenancy in Common in BC?
With tenancy in common, each owner holds a separate, undivided share of the property. The shares do not have to be equal. Two friends might each own 50%, or a parent and child might own 25% and 75% to reflect what each contributed to the purchase.
There is no right of survivorship. When a tenant in common dies, their share goes to whoever they named in their will, or under the intestacy rules in the Wills, Estates and Succession Act if there is no will. That share forms part of their estate and may go through probate.
Tenancy in common is often used by unmarried co-buyers, business partners, investors, and blended families where each owner wants their share to go to their own children.
Joint Tenancy vs Tenancy in Common: Key Differences
- What happens on death. Joint tenancy passes to the surviving owner. Tenancy in common passes under the deceased owner’s will.
- Ownership shares. Joint tenants hold the property together as a whole. Tenants in common can hold equal or unequal shares.
- Probate. Property held in joint tenancy generally passes outside the estate. A share held as a tenant in common usually forms part of the estate.
- Control over your share. A tenant in common can leave their share to anyone in their will. A joint tenant cannot, unless the joint tenancy is first severed.
- Selling or mortgaging. In both cases, selling the whole property or placing a new mortgage on it normally requires every owner to sign.
The Default Rule If Your Documents Say Nothing
Under section 11 of BC’s Property Law Act, when land is transferred to two or more people who are not trustees or personal representatives, they hold it as tenants in common unless the transfer shows a contrary intention. If the shares are not stated, they are presumed to be equal.
In practice, this means joint tenancy has to be chosen on purpose. Your lawyer or notary will ask how you want to hold title and set it out clearly on the Form A transfer that is registered at the Land Title Office.
Can You Change From Joint Tenancy to Tenancy in Common?
Yes. Ending a joint tenancy is called severance. In BC, the Property Law Act allows a joint tenant to sever the joint tenancy by transferring their interest to themselves, and that has the same effect as a transfer to a stranger. Once severed, the owners become tenants in common and the right of survivorship ends.
Owners can also agree to change how they hold title together, for example when a couple separates or when one owner wants their share to go to their own children. A change in how title is held usually means preparing and registering new documents at the Land Title Office, and it may need lender consent if there is a mortgage. You can also go the other way and convert a tenancy in common into a joint tenancy. Our title transfer services page explains what is involved.
Which Is Right for You?
There is no single right answer, but a few patterns come up again and again.
- Married or long-term spouses who want the home to pass straight to each other usually choose joint tenancy.
- Friends, siblings, or unmarried partners buying together often choose tenancy in common, especially when they put in different amounts.
- Blended families often choose tenancy in common so each spouse can leave their share to their own children.
- Investors and business partners almost always hold as tenants in common, often with a written co-ownership agreement.
Be careful about adding an adult child to title as a joint tenant to avoid probate. The Supreme Court of Canada in Pecore v. Pecore confirmed that when a parent transfers property to an adult child for no payment, the law presumes the child holds it in trust for the parent’s estate unless the parent clearly intended a gift. Adding a child to title can also expose the home to the child’s creditors or a claim if the child separates, and it can have tax consequences. Read our guide on transferring property between family members in BC before going down that road.
How Your Choice Fits With Your Will
How you hold title and what your will says need to line up. A will cannot pass a home held in joint tenancy, because that home goes to the surviving joint tenant automatically. If your will leaves “my half of the house” to your children but you hold title as a joint tenant with your spouse, the will has no effect on the house.
When you buy, refinance, or update your will, it is worth checking how your title is registered. A title search with the Land Title and Survey Authority shows whether the owners are listed as joint tenants or tenants in common, and in what shares.
FAQ About Joint Tenancy and Tenancy in Common in BC
How do I know how my property is held?
Your state of title certificate from the Land Title Office lists each registered owner and says whether they hold as joint tenants or tenants in common. Your lawyer or notary can pull a current title search for you.
Is joint tenancy or tenancy in common better for married couples in BC?
Many married couples choose joint tenancy so the home passes directly to the surviving spouse. Couples with children from earlier relationships, or with very different contributions to the purchase, often prefer tenancy in common.
Can tenants in common own unequal shares?
Yes. Tenants in common can hold any split, such as 60% and 40%. If no shares are stated in the transfer, the law presumes they are equal.
Does joint tenancy avoid probate in BC?
Property that passes to a surviving joint tenant generally passes outside the estate. That said, joint tenancy is not always the right tool for estate planning, especially with adult children, so get advice before relying on it.
Get Help Choosing How to Hold Title
Alpine Legal Services is a team of lawyers and notaries public helping buyers and owners across Chilliwack, Abbotsford, Langley, and the Fraser Valley decide how to hold title, register it correctly at the Land Title Office, and change it when life changes. If you are buying with someone else or want to change how your current home is held, we can walk you through the options.
Contact Alpine Legal to talk about your purchase or title change, or learn more about our purchase of property services.
Reviewed by Shanal Prasad, Lawyer, Notary Public, and Chartered Professional Accountant. Shanal is the founder of Alpine Legal Services and has helped hundreds of Fraser Valley families and individuals with their real estate transactions.
