Property Titles Regarding Marriage

Generally speaking, a property held by two parties as Joint Tenants means there is a ‘right of survivorship’.  Commonly a property is owned by a married couple as Joint Tenants and in the event of one party’s death, the surviving party automatically takes sole ownership of the property.  On the other hand if a property is held by two parties as Tenants in Common in equal or disproportionate shares, each party can sell, will or assign their share of the property to another party.

Following the breakdown of a marriage, the question of whether the matrimonial property is held by the parties as Joint Tenants or Tenants in Common can be an important consideration.