Tenancy in Common vs Joint Tenancy

Under BC's Land Title Act, RSBC 1996, c. 250, joint tenancy includes the right of survivorship: when one owner dies, their interest automatically passes to the surviving joint tenant(s) outside of the deceased's estate. Tenancy in common has no right of survivorship; each owner's share passes according to their will or, if no will exists, under BC's Wills, Estates and Succession Act (WESA), SBC 2009, c. 13. The Land Title Act governs how title is registered and held.

Yes. Under BC's Land Title Act, RSBC 1996, c. 250, tenants in common may hold unequal shares (for example, 60% and 40%, or any other split agreed upon). Those shares are specified on the registered title. Joint tenants, by contrast, always hold equal undivided shares.

If you hold title as a joint tenant under BC's Land Title Act, RSBC 1996, c. 250, your interest automatically passes to the surviving joint tenant(s) by right of survivorship. Your share does not form part of your estate and is not distributed under your will. Verify estate-planning implications with a BC lawyer, notary, or licensed tax professional before acting.

If you hold title as a tenant in common under BC's Land Title Act, RSBC 1996, c. 250, your share passes to your estate and is distributed according to your will (or by intestacy rules under BC's Wills, Estates and Succession Act, SBC 2009, c. 13, if you have no will). There is no right of survivorship. Verify estate-planning consequences with a BC lawyer, notary, or licensed tax professional.

Yes. Under BC's Land Title Act, RSBC 1996, c. 250, a joint tenant may unilaterally sever the joint tenancy, converting it into a tenancy in common, typically by transferring their interest to themselves or by other legal acts that destroy one of the four unities (time, title, interest, or possession). The specific method and documentation required should be verified with a BC lawyer or notary before acting.

The initial choice of title type itself does not trigger property transfer tax under BC's Property Transfer Tax Act, RSBC 1996, c. 378, when you first purchase together. However, later changes—such as severing a joint tenancy or transferring a share to a third party—may constitute a registrable interest and could attract PTT depending on the nature and consideration of the transfer (as of 2026-07-27 — verify current). Verify all PTT consequences with a BC lawyer, notary, or licensed tax professional before acting.

Capital gains tax is governed by the federal Income Tax Act, SC 1985, c. 1 (5th Supp.), not BC provincial law. The choice between joint tenancy and tenancy in common can affect deemed disposition timing and attribution of gain (especially on death or transfer), but the specific tax treatment depends on your individual circumstances. Verify all income tax and capital gains consequences with a licensed tax professional before acting.

Yes. Under BC's Land Title Act, RSBC 1996, c. 250, tenancy in common has no right of survivorship, so you may leave your share to anyone you choose in your will. If you die without a will, your share will be distributed under BC's Wills, Estates and Succession Act, SBC 2009, c. 13 (intestacy rules). Verify your estate-planning strategy with a BC lawyer or notary before acting.

While BC's Land Title Act, RSBC 1996, c. 250, does not legally require a lawyer or notary, severing a joint tenancy and registering the change at the BC Land Title Office typically involves preparing and filing specific forms and affidavits. A BC lawyer or notary can ensure the severance is done correctly, avoid unintended tax or estate-planning consequences, and verify that all co-owners' interests are properly documented. Verify the process and implications with a BC lawyer or notary before acting.

Yes. Under BC's Land Title Act, RSBC 1996, c. 250, any two or more persons—whether related, married, in a common-law relationship, or unrelated business partners or friends—may hold title as joint tenants with right of survivorship. The legal relationship between the parties does not restrict the choice of title type. Verify estate-planning and tax implications with a BC lawyer, notary, or licensed tax professional before acting.