Joint tenants vs tenants in common: what's the difference in Queensland?
Short answer: joint tenants own the whole property together, and when one dies the survivor automatically owns it all, whatever the will says. Tenants in common each own a separate share (say 50/50 or 70/30), and each share passes under that owner's will. Which one you choose when you buy decides who ends up with the property.
Written by Michael Klein, Legal Practice Director, admitted 2003 · General information about Queensland law · Last reviewed 2026
Need advice on your own matter? Book a no-obligation consultation with Coastside Law in Golden Beach.
Joint tenants: the survivor takes everything
Joint tenancy is the usual choice for couples. Neither owner has a separate share. When one dies, the other becomes sole owner by 'survivorship'. The property doesn't form part of the deceased's estate, and the survivor usually only needs to lodge a death certificate and a form with Titles Queensland.
That's simple and quick. But it also means a will cannot leave your half of a jointly owned home to anyone. It goes to the other owner, full stop.
Side by side
- Shares: joint tenants have no separate shares; tenants in common have fixed shares (equal or unequal)
- On death: joint tenancy passes to the survivor; tenants in common pass under the will
- Probate: usually not needed for a joint tenancy; may be needed for a share held as tenants in common
- Best for: joint tenancy suits most couples; tenants in common suits blended families, investors and unequal contributions
The blended family trap
A common problem: a couple in a second relationship own their home as joint tenants and each makes a will leaving 'my half' to their own children. When the first one dies, the survivor owns the whole house and the first person's children get nothing from it. The survivor can then leave it to anyone.
If that's not what you want, you may need to change to tenants in common and update both wills at the same time.
Can you change from one to the other?
Yes. Joint tenants can convert ('sever') to tenants in common by lodging a transfer at Titles Queensland. In some cases one owner can do it without the other's consent, although it should be handled carefully. Transfer duty is generally not payable when the shares stay the same, but get advice on duty, tax and any mortgage before lodging.
Joint tenants vs tenants in common: common questions
Does my will override joint tenancy?
No. Property held as joint tenants passes to the surviving owner automatically, whatever the will says.
Which is better for a married couple?
Joint tenancy suits most couples who want everything to go to each other. Tenants in common is often better where either has children from an earlier relationship.
How do I check how I own my property?
Your title search shows it. We can order one and tell you what it means for your will.
Can Coastside Law change my ownership and my will together?
Yes. We can prepare the transfer to sever the joint tenancy and update your will at the same time. Call 0488 340 853.
This guide is general information about Queensland law, current at the time of writing. It is not legal advice and does not take your circumstances into account. Call Coastside Law on 0488 340 853 for advice on your own matter.
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