When two or more people buy property together in Queensland, they must choose how to hold the title, and that choice has significant consequences if one of them dies, separates or wants to sell their share. Many buyers make the decision without realising it, simply by accepting whatever the contract or the lender proposes, and discover years later that the title does not reflect what they intended.
Queensland's Land Title Act and the transfer rules administered by Titles Queensland recognise two main ways co-owners can hold freehold land: as joint tenants, where each owner holds the whole property together and the survivor automatically inherits on death, or as tenants in common, where each owner holds a defined share that passes under their will or the intestacy rules. Getting this right at the time of purchase is simpler than changing it later, though Titles Queensland does provide processes for both.
Our lawyers in Springfield help clients across Greater Springfield and Ipswich with buying property, transferring interests between family members, and making sure the title reflects their intentions.
Here is how the two main ways of holding property work in Queensland, and why the difference matters more than most buyers expect.
Key takeaways
- Joint tenants automatically inherit each other's share on death.
- Tenants in common hold defined shares that pass under a will.
- Either form of ownership can be changed after purchase by a transfer.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
What are the two main ways of holding property in Queensland?
Co-owners of Queensland property generally hold title either as joint tenants or as tenants in common, according to Titles Queensland's Land Title Practice Manual. Joint tenants hold the whole property together: no individual owner has a separate, identifiable share, and when one owner dies the property passes immediately to the surviving owner or owners by the rule of survivorship, regardless of any will. Tenants in common each hold a distinct share, which may be equal or unequal, and that share forms part of their estate when they die.
Where the title document does not state the form of ownership, Titles Queensland treats co-owners as tenants in common after written confirmation. This matters because buyers who skip the question may end up with a form of ownership they did not intend.
What does joint tenancy mean for your estate in Queensland?
The right of survivorship is the defining feature of joint tenancy: on the death of one joint tenant, their interest vests immediately in the surviving joint tenant or tenants, not under the deceased's will or the intestacy rules, according to Titles Queensland's Land Title Practice Manual. A will cannot change this outcome. If a property is held by two people as joint tenants and one dies, the survivor becomes the sole registered owner regardless of what the deceased's will says.
Joint tenancy is common among married couples and de facto partners who want the property to pass to each other automatically. It avoids the need for a transmission application to move the property into the survivor's name, though the death of a joint tenant is still recorded with Titles Queensland by lodging a Form 4 Request to Record Death.
Joint tenancy also has limits. It works well where both owners want the same outcome: the survivor gets everything. Where owners have children from previous relationships, where one owner wants to leave their share to someone other than their co-owner, or where the co-owners are investors rather than partners, joint tenancy may not reflect their intentions at all.
What does tenants in common mean, and when is it used?
Tenants in common hold separate, defined shares in the property. Shares must be stated as fractions, such as equal halves or a 70/30 split, according to Titles Queensland's Land Title Practice Manual. Each owner's share forms part of their estate on death and passes under their will or, if they die without one, under the intestacy rules set out in Queensland's Succession Act.
Tenants in common is commonly used in several situations:
- › Blended families: each owner can direct their share to their own children under their will.
- › Investment properties: investors with unequal contributions often want their ownership percentages to reflect those contributions.
- › Buying with family or friends: co-owners who are not partners and who want to protect their individual share.
- › Estate planning: some owners sever a joint tenancy and move to tenants in common so each person's share can be dealt with separately in their will.
A tenant in common's share can be sold, mortgaged or left by will independently of the other owners' shares. However, disposing of the whole property generally requires all co-owners to agree, and where agreement cannot be reached a co-owner may apply to the court for a sale and division of proceeds, according to Queensland's Property Law Act.
How does a solicitor help with how property is held in Queensland?
A solicitor reviews the contract and the title to confirm that the form of ownership nominated matches what the buyers intend, and explains the practical and estate planning consequences of each option before settlement. For clients buying through our conveyancing team, this conversation happens at the contract stage, when changing the nomination is straightforward.
Step 1: Talk to us
Get in touch and we'll explain how joint tenancy and tenants in common work in Queensland and which option is commonly used in your situation.
Step 2: Review the contract and the title
We check the contract to confirm how the ownership is being recorded and compare it with what you intend, identifying any gap between the two before settlement is reached.
Step 3: Prepare and lodge the transfer
We prepare the Form 1 Transfer and Form 24 Property Information, ensuring the tenancy is correctly stated, and lodge the documents through the electronic conveyancing workspace so the title is registered in the right form from day one.
Step 4: Advise on changes after settlement
Where an existing title needs to change, for example to sever a joint tenancy or to adjust shares between tenants in common, we prepare the transfer and advise on any duty implications with the Queensland Revenue Office before lodging.
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When does it matter that the title form is wrong?
The consequences of holding property in the wrong form tend to surface at the worst possible moments: on the death of a co-owner, on separation, or when one owner wants to sell and the other does not. A joint tenancy that was never intended means a co-owner's estate misses an asset they believed they were leaving to their children. A tenants in common arrangement with unequal shares that does not match contributions can create a dispute between co-owners or their estates.
The other moment it matters is when an owner's circumstances change. A couple who bought as joint tenants may later separate, and severing the joint tenancy becomes a priority. Under Queensland's Land Title Act one joint tenant can sever the tenancy unilaterally by transferring their proportionate share to themselves, after giving or attempting to give the other joint tenant a copy of the transfer, according to Titles Queensland's Land Title Practice Manual. A severance changes the title from joint tenants to tenants in common, so each owner's share then passes under their will rather than automatically to the other.
What is the unique piece here: when changing ownership attracts transfer duty?
Most owners assume that moving property between themselves and a co-owner, or changing the form of ownership, is always a simple administrative step. It is not always duty-free.
The Queensland Revenue Office sets out specific exemptions for changes of ownership between co-owners. Changing the form of tenure between joint tenants and tenants in common, where each owner's share value does not change, is generally exempt from transfer duty. The Queensland Revenue Office gives the example of two brothers changing an investment property to tenants in common for estate planning purposes. However, where the shares change at the same time as the tenancy changes, the transaction moves outside the exemption and duty becomes payable on the difference.
Similarly, a gift of an interest in the home to a spouse is generally exempt from transfer duty where the couple afterwards own the whole property together as joint tenants or equal tenants in common and it is their principal place of residence, according to the Queensland Revenue Office. That exemption does not apply where a third person keeps a share.
Buying a property as joint tenants or as tenants in common at the time of purchase does not itself attract different duty treatment: duty is assessed on the dutiable value of the interest being transferred, per the Queensland Revenue Office. It is subsequent changes to the form of ownership that need to be checked for duty implications before the transfer is lodged.
Frequently Asked Questions
What happens to jointly owned property in Queensland when one owner dies?
Where the property is held as joint tenants, the surviving owner's interest enlarges automatically by the rule of survivorship, according to Titles Queensland's Land Title Practice Manual. A will cannot direct where that interest goes. Where it is held as tenants in common, the deceased's share passes under their will or Queensland's intestacy rules.
Can joint tenants hold unequal shares in Queensland?
No. Joint tenants hold the whole property together with no separate share, so there is no mechanism for unequal ownership under joint tenancy, according to Titles Queensland. Where co-owners want to reflect different contribution levels, tenants in common with shares stated as fractions is the appropriate form.
Can one joint tenant sever the tenancy without the other agreeing in Queensland?
Generally yes. Under Queensland's Land Title Act, one joint tenant may sever the tenancy unilaterally by transferring their proportionate share to themselves, after giving or attempting to give the other joint tenant a copy of the transfer, according to Titles Queensland's Land Title Practice Manual. The title then becomes a tenants in common arrangement with equal shares.
Does changing from joint tenants to tenants in common attract transfer duty in Queensland?
A change of tenure between joint tenants and tenants in common where each owner's share value does not change is generally exempt from transfer duty, according to the Queensland Revenue Office. Where the shares change at the same time, duty may be payable on the difference.
Can a co-owner force the sale of a property held as tenants in common in Queensland?
A co-owner who cannot reach agreement with the others may apply to the Supreme Court for a sale and division of the proceeds, according to Queensland's Property Law Act. The court may make such orders as the case requires to ensure a just and fair sale or division.
Do you need a solicitor to decide how to hold property in Springfield or Ipswich QLD?
A solicitor can explain the practical and estate planning consequences of each option before the contract is signed. For buyers in Springfield and Ipswich, getting this right at the contract stage avoids a separate transfer and potential duty review later.
What happens if a Queensland property title does not state how it is held?
Where a transfer to two or more buyers does not state whether they are joint tenants or tenants in common, Titles Queensland treats them as tenants in common after written confirmation, according to the Land Title Practice Manual. This can have unintended estate planning consequences.
Your Next Steps
How property is held in Queensland is one of the most consequential decisions a buyer makes, and it is most easily resolved at the contract stage, before the title is registered. For buyers in Springfield and Ipswich, the question of joint tenancy versus tenants in common sits alongside duty concessions, transfer arrangements and estate planning as something that deserves a deliberate answer, not a default one.
If you're working through how to hold a property, the right advice early makes the process simpler. Contact the Brookwater Legal team or call (07) 3437 8555 to talk through where you stand.
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Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
