gradient box – do not remove it
Joint tenancy and tenancy in common are the two ways co-owners can hold title in Alberta. Joint tenants own the home equally, and when one dies, the survivor automatically takes the whole property. Tenants in common each own a separate share, which can be unequal and passes under each owner’s will. Spouses usually choose joint tenancy; friends, blended families and investment partners usually choose tenancy in common. If the transfer doesn’t say joint tenancy, Alberta treats the owners as tenants in common. Property Law Firm is a residential real estate law firm with two Calgary offices, and we confirm this wording with buyers before every closing.
Most buyers spend a few seconds on that line of the transfer document, but it settles two big questions: what happens to the property if one owner dies, and what happens if one owner wants out. Which structure fits depends on your estate plans, Dower Act rights if you are married, and whether the property is a family home or an investment.
How Each Structure Works
Joint Tenancy Basics
In a joint tenancy, every co-owner holds the whole property together in equal, undivided shares. What sets it apart is the right of survivorship. When one joint tenant dies, their interest passes automatically to the surviving owner or owners. It does not go through the deceased person’s estate, and their will has no effect on it.
Spouses and long-term partners usually choose joint tenancy because it makes the transfer simple. The survivor files the death certificate and the required paperwork at Land Titles, and the title is updated without waiting on probate.
Things get harder when parents add adult children to title, often for convenience or to keep the home out of the estate. In Pecore v. Pecore, 2007 SCC 17, the Supreme Court of Canada confirmed that when a parent transfers property to an adult child for nothing in return, the law presumes a resulting trust. That means the child is presumed to hold the property for the parent’s estate unless evidence shows the parent meant it as a gift. Siblings regularly go to court over this, so the parent’s intention should be written down when the transfer happens.
Tenants in Common Basics
Tenants in common each own a separate share that they can transfer on their own. The shares do not have to be equal, and the proportions, such as 60/40, are recorded on title. When a tenant in common dies, their share goes to their estate and is distributed under their will, or under intestacy rules if there is no will.
This structure suits friends buying together, blended families where each spouse wants to leave their share to their own children, and investment partners. It works best alongside a written co-ownership agreement that covers:
- How much each owner put toward the down payment
- How mortgage payments, property taxes and repairs are split
- Buyout rights and how the property will be valued
- What happens if one owner wants to sell
| Feature | Joint tenancy | Tenancy in common |
| Ownership shares | Always equal | Can be unequal (e.g., 60/40) |
| On death | Passes to surviving owner(s) | Passes to the deceased’s estate |
| Governed by will? | No | Yes |
| Typical users | Spouses, long-term partners | Friends, blended families, investors |
| Default in Alberta? | Only if stated on the transfer | Yes, if no wording is given |
Choosing in Alberta
Alberta-Specific Factors
Probate costs. In some provinces, people choose joint tenancy mainly to avoid probate fees. Alberta’s surrogate court filing fees top out at $525 once the net value of Alberta property is over $250,000. Probate fees in British Columbia and Ontario rise with the size of the estate, so the savings from avoiding probate are much bigger there. In Alberta, control, fairness between heirs and family goals usually matter more than the fee.
Severance. A joint tenant can sever the joint tenancy by transferring their interest or by agreement with the other owners. Severing turns the ownership into a tenancy in common and ends survivorship for everyone on title.
Dower rights. If the property is a married couple’s homestead and only one spouse is on title, the Dower Act can require the other spouse to consent before the property is sold, mortgaged or transferred. Those rules can apply even when you are only restructuring the title.
Partition and sale. When co-owners can’t agree, Alberta courts can order the property partitioned or sold. A good co-ownership agreement can usually keep things from reaching that stage.
Getting Legal Guidance
For first-time buyers in Calgary, Edmonton or elsewhere in the province, a real estate lawyer searches the title, confirms the tenancy wording matches what you intend, registers the transfer at Land Titles, and handles closing funds and mortgage documents. Before signing, ask the lawyer to explain how your chosen wording would play out if one of you died or the relationship ended. Our guide for Calgary first-time home buyers covers the rest of the closing process, and our article on title searches and closings in Alberta explains what the title search shows.
Investors should also compare owning personally with holding the property through a partnership or corporation, because each option treats liability, tax and succession differently. Our article on legal structuring for Alberta real estate investors walks through those options. You can check any lawyer’s practising status through the Law Society of Alberta lawyer directory.
Choosing the Right Fit
Joint tenancy offers simplicity and survivorship. Tenancy in common offers flexibility and control over your estate. Which one is right depends on your relationship with the other owner, who paid what, and your long-term plans. Under Alberta’s Land Titles Act, joint tenancy has to be stated on the transfer, or the ownership defaults to tenancy in common, so confirm the exact wording before you sign.
Buying with someone, or changing who is on title? Property Law Firm reviews the title and walks through these ownership options with you as part of your closing. See our ownership transfer services or request a quote.
Frequently Asked Questions
Can joint tenancy be severed?
Yes. A joint tenant can sever by transferring their interest or by agreement, which turns the ownership into a tenancy in common. Get legal advice first, because severing ends survivorship rights for everyone on title.
Can ownership shares be unequal?
Only for tenants in common. Joint tenants always hold equal, undivided interests, while tenants in common can register any proportion on title.
Which suits investment partners?
Tenancy in common is usually the better fit because each investor’s share passes to their own estate. Pair it with a written co-ownership agreement reviewed by a real estate lawyer.
Can we change from tenants in common to joint tenants later?
Yes. The owners can sign a new transfer to themselves as joint tenants and register it at Land Titles. If the home is a homestead, Dower Act consent may also be needed.
This article is for general information purposes only. It does not constitute legal advice and does not create a solicitor-client relationship. Consult a licensed Alberta lawyer for advice specific to your situation. This content has been prepared to align with Canadian Bar Association guidelines and the Law Society of Alberta’s rules regarding lawyer advertising and public communications.
