One of the most common questions we get asked at WA Settlement Services is this: “We’re buying a property together — should we be joint tenants or tenants in common?”

It’s an excellent question, and one that doesn’t always get the attention it deserves when people are caught up in the excitement of buying a home. Whether you’re purchasing with your partner, a friend, or a family member, the way you choose to legally own the property together matters. It’s more than just a box to tick on a form — it can have real consequences for your estate, your investment, and your peace of mind.

So, what’s the difference? And how do you know which one is right for you?

Understanding the two forms of ownership

In Western Australia, when two or more people purchase property together, they can choose to hold the Title as either joint tenants or tenants in common. These terms might sound similar, but they reflect very different legal relationships.

Joint tenancy

If you own a property as joint tenants, each owner holds an equal share of the whole property. You don’t own, say, the front half while your partner owns the back — you both own all of it, equally. The defining feature of joint tenancy is what’s known as the right of survivorship. If one of you passes away, their share doesn’t form part of their estate. It automatically passes to the surviving co-owner.

This arrangement is popular with couples, particularly those who are in long-term, committed relationships, because it allows the property to transfer to the surviving partner without going through probate or being contested in a will.

Tenancy in common

Tenancy in common, on the other hand, allows you to own defined portions of the property, which don’t have to be equal. You might contribute 60% of the purchase price while your co-owner contributes 40%, and you can register your shares to reflect that. If one of you passes away, your share doesn’t automatically transfer to the other, it forms part of your estate and is distributed according to your will.

This structure is more common when people are buying as investors, siblings, friends, or in situations where financial contributions are unequal or future intentions for the property may differ.

Why it matters

The type of ownership you choose affects what happens to your share of the property if your circumstances change or if one of you passes away. It also has implications if the property is sold, refinanced, or included in estate planning.

For example, we’ve seen situations where friends have bought property together in their twenties, only for one of them to later want to sell their share. If they’re tenants in common and have a clear agreement in place, that process tends to be much smoother. But if they’re joint tenants and haven’t discussed what might happen in that situation, it can become legally and emotionally complicated.

Likewise, in cases where someone assumes they can leave their share of the property to their children in a will but they’re registered as joint tenants, their intentions may not be carried out because the property automatically transfers to the surviving co-owner.

Having the right conversations early

Buying a property is an exciting step, but it’s also a serious legal and financial undertaking. We always encourage people to have honest conversations about ownership before the paperwork begins. Who’s contributing what to the deposit? What happens if one of you wants to sell? What are your long-term plans?

There’s no one-size-fits-all answer. Sometimes couples prefer to be tenants in common, especially if they have children from previous relationships and want their share of the property to be part of their estate. Other times, even friends or siblings might decide that joint tenancy feels more appropriate given their intentions. It all depends on your circumstances and your goals.

Getting the legal structure right from the start

Once you’ve decided how you’d like to own the property together, it’s important that this is clearly recorded during the settlement process. As your settlement agent, it’s our job to make sure your instructions are carried through properly when the transfer of land is lodged with Landgate. If the ownership type isn’t correctly registered at this stage, fixing it later can be time-consuming and costly — not to mention legally complex.

We also work closely with our clients’ legal and financial advisers to ensure the ownership structure supports their broader estate planning and tax considerations. While we don’t provide legal advice ourselves, we can help flag any issues early and guide you toward the right professionals if needed.

Clear ownership = Clear peace of mind

At the end of the day, deciding between joint tenancy and tenancy in common is about clarity. It’s about making sure that everyone’s expectations are aligned and that the ownership of your property reflects your relationship, your financial position, and your future intentions.

We’ve worked with hundreds of property buyers across Western Australia, and one thing is always true: the best outcomes happen when people are informed, prepared, and supported by the right team.

If you’re thinking about buying a property with someone else whether it’s a partner, family member, or friend, we’d love to chat with you. At WA Settlement Services, we’re here to guide you through every step of the settlement process, with clear communication, expert support, and no surprises. Buying together is a big step. With the right information and team behind  you, you can make sure it’s a confident one too.