Tenancy in Common vs Joint Tenancy

Under BC's Land Title Act, joint tenancy includes a right of survivorship, meaning a deceased owner's interest passes automatically to the surviving owner(s) outside of any will or estate process. Tenancy in common, by contrast, allows each owner to hold specified shares — which can be unequal — and each share passes according to the owner's will or the intestacy provisions of the Wills, Estates and Succession Act (WESA) if no will exists. The choice between the two forms of ownership has significant estate-planning implications and is typically reviewed with a lawyer or notary at the time of conveyance.

No — because of the right of survivorship inherent in joint tenancy, the deceased joint tenant's interest passes automatically to the surviving joint tenant(s) by operation of law, not through the estate. This means the interest is generally not subject to probate under the Wills, Estates and Succession Act (WESA), and a will cannot direct that interest to a different beneficiary. To transfer the registered title, the surviving owner typically files an application at the BC Land Title Office along with a death certificate.

Yes — a joint tenant in BC can unilaterally sever the joint tenancy, converting their interest into a tenancy in common, by registering the appropriate instrument at the BC Land Title Office (such as a transfer of land to oneself). Once severed, the right of survivorship is eliminated for that share, and the owner can direct it through their will under the Wills, Estates and Succession Act (WESA). It is advisable to consult a lawyer or notary before severing, as the act affects all co-owners and can have estate and tax implications.

No — unlike joint tenancy, which requires equal and undivided shares, tenancy in common allows co-owners to hold unequal specified shares, such as 60% and 40%, registered on title at the BC Land Title Office. This flexibility is often used by unmarried co-purchasers, business partners, or family members who contribute different amounts to the purchase price. Each owner's proportionate share passes through their estate on death per their will or the intestacy rules under the Wills, Estates and Succession Act (WESA).

The form of co-ownership itself does not change how Property Transfer Tax is calculated under the BC Property Transfer Tax Act — PTT applies to the fair market value of the interest being transferred, at rates of 1% on the first $200,000, 2% on the portion from $200,001 to $2,000,000, 3% on the portion from $2,000,001 to $3,000,000, and an additional 2% on the residential portion above $3,000,000. However, the form of ownership can affect future PTT consequences — for example, severing a joint tenancy by transferring an interest on title may trigger PTT on the value of the interest transferred. Buyers should consult the current BC Ministry of Finance guidance and a lawyer or notary for their specific circumstances.

A co-owner in BC can apply to the BC Supreme Court for a partition or sale of the property under the Partition of Property Act, which allows a court to order the physical partition of land or, more commonly in urban contexts, a forced sale of the property with proceeds divided according to each owner's share. This remedy is available to both tenants in common and, in some circumstances, joint tenants. Given that such disputes can be lengthy and costly, many co-owners address these scenarios in advance through a co-ownership agreement drafted with legal assistance.

No — in BC, the form of co-ownership is determined by what is registered on title at the BC Land Title Office, not by marital status alone. Spouses often choose joint tenancy because of the right of survivorship, but they may also hold property as tenants in common, for example, if they contributed different amounts and wish to reflect those proportions. The Wills, Estates and Succession Act (WESA) contains separate provisions addressing a surviving spouse's rights to a deceased's estate, which interact with — but do not override — the survivorship rules of a registered joint tenancy.

BC real estate licensees are governed by the Real Estate Services Act (RESA) and its Rules, administered by the British Columbia Financial Services Authority (BCFSA), which require licensees to act in clients' best interests and to disclose material information. While a licensee may inform clients that the choice of co-ownership structure exists and direct them to seek legal advice, explaining the legal and estate-planning implications of each option falls within the scope of legal advice and must be provided by a lawyer or notary — not a licensee. BCFSA's practice guidelines confirm that licensees should not provide legal advice on title-holding structures.

If a tenant in common dies intestate (without a valid will), their share of the strata lot — like any other real property in BC — passes according to the intestacy provisions of the Wills, Estates and Succession Act (WESA), which sets out a priority order of beneficiaries beginning with a spouse and then descendants. The strata lot ownership itself continues to be governed by the Strata Property Act (SBC 1998, c. 43), meaning the strata corporation's bylaws and ongoing obligations remain binding on whoever inherits the share. The estate will typically need to go through the probate process before the new owner can be registered at the BC Land Title Office.

Both joint tenancy and tenancy in common are permissible forms of co-ownership for agricultural land within BC's Agricultural Land Reserve (ALR), as the Land Title Act does not restrict title-holding structure based on land classification. However, any subdivision, non-farm use, or change of use of ALR land — regardless of how title is held — requires approval from the Agricultural Land Commission under the Agricultural Land Commission Act (SBC 2002, c. 36). Co-owners considering how to structure ownership of ALR land should consult the ALC directly and obtain independent legal advice, as co-ownership arrangements can have implications for future subdivision or use applications.