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ARTICLE · 10 SEPTEMBER 2014

Estate Planning: The Difference Between Joint Tenancy And Tenancy In Common

In ancient Egypt, people once believed that their property would accompany them upon death.

CanadaReal Estate and Construction

In ancient Egypt, people once believed that their property would accompany them upon death. However, in 21st century Canada, it's no secret that one cannot take their real or personal property with them when they die. A Will indicates who will be the owner of property, what property will be owned, and how property will be owned when it's owned by two or more people.  

Property owned by two or more people is typically owned in two ways: (1) joint tenancy or (2) tenants-in-common (also known as tenancy in common). It's important to understand this distinction between joint tenancy and tenancy in common when planning one's estate.

When property is owned by "joint tenancy," whoever survives retains all of the property because they all own all of the property. In other words, when one joint tenant dies, the entire property belongs to the surviving joint tenant(s). Only the last surviving owner, who owns all of the property, can give the property through his or her Will.

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