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    Joint tenants or tenants in common? How to own your first home together in Victoria

    Buying with a partner, friend or sibling? How joint tenancy and tenancy in common work in Victoria, what goes on the title, what happens if one of you dies or you split up, how unequal deposits fit, and when changing it later costs duty. Told through Nick and Tom.

    By The Havenli Team

    The short answer: In Victoria, joint tenants own the whole home together, and if one of you dies the other automatically owns it all, whatever a will says. Tenants in common each own a set share, equal or unequal, and each share passes under its owner's will. Joint tenancy keeps things simple for a couple who want the survivor to keep the home. Tenancy in common lets the title reflect unequal deposits and lets each owner choose who inherits.

    There is a box on your transfer of land that asks how you will hold the property. Most first home buyers give it ten seconds. It decides who owns the home if one of you dies, and what you can leave in a will.

    Meet Nick and Tom, again

    You may remember Nick and Tom from our Help to Buy story: two teachers from Melbourne's inner north, together six years, with about $40,000 saved between them. They had found their place, signed the contract, and handed the paperwork to their conveyancer. Then an email arrived with one question: joint tenants or tenants in common?

    Tom had put in $26,000. Nick, who had spent two years paying off a car loan, had put in $14,000. Nick's first thought was "we're a couple, it's all ours". Tom's first thought, which he felt a bit awkward about, was "should the title show who paid what?"

    Nick and Tom are illustrative characters, not real people. Every rule in this story is real and linked to its source below.

    What is the difference between joint tenants and tenants in common?

    Joint tenants own the whole property together, with no separate shares. Land Services Victoria's guide to transfer of land puts it simply: when a joint proprietor dies, "that person's interest passes to the survivors". This is the right of survivorship. Victoria Legal Aid lists property owned as joint tenants among the assets that don't pass through a will.

    Tenants in common each own a defined share. The same guide says that when a tenant in common dies, their interest "passes according to their will" or, without a will, under the laws of intestacy. Shares can be equal (two owners holding a half each) or unequal.

    What you each own

    Joint tenants
    The whole property, together, with no separate shares
    Tenants in common
    A set share: equal, or unequal such as 60/40

    If one owner dies

    Joint tenants
    Their interest passes to the survivor automatically
    Tenants in common
    Their share passes under their will, or intestacy rules

    Can you leave it in your will?

    Joint tenants
    Not while you are joint tenants
    Tenants in common
    Yes, your share

    How the title records it

    Joint tenants
    Owners registered as joint proprietors
    Tenants in common
    Owners and their shares (for example 3/5 and 2/5)

    Unequal deposits

    Joint tenants
    Not shown on title
    Tenants in common
    Can be shown by choosing unequal shares

    Switching between the two in equal shares

    Joint tenants
    No duty (Duties Act section 54)
    Tenants in common
    No duty (Duties Act section 54)

    Changing to different shares later

    Joint tenants
    A dutiable change in interest unless an exemption applies
    Tenants in common
    A dutiable change in interest unless an exemption applies

    May suit

    Joint tenants
    Couples who want the survivor to keep the home
    Tenants in common
    Friends, siblings, unequal deposits, or children from an earlier relationship

    How is ownership shown on the title?

    When you buy, your conveyancer prepares a transfer of land naming you as the buyers (the transferees) and stating your "manner of holding". Land Services Victoria's transfer guide lists the choices: joint proprietors, tenants in common in equal shares, or tenants in common in unequal shares. For unequal shares, "the amount of shares each transferee is to hold must be entered", so a 60/40 split is entered as 3 shares and 2 shares out of 5.

    Under section 30(2) of the Transfer of Land Act 1958, people registered as joint proprietors are deemed to be joint tenants, and where people are tenants in common in shares, the Registrar may make the necessary recordings in the Register, on one folio or a separate folio for each share.

    What if the transfer doesn't say? Section 33(4) of the same Act says two or more people named as transferees are "deemed to be entitled jointly and not in shares" unless the contrary is expressed. In practice the transfer asks you to choose, so treat the box as a real decision.

    Raise it with your conveyancer early, alongside the section 32 review, not in the rush between offer and settlement.

    Which is better for couples?

    There isn't a winner, only trade-offs. They turn on what you want to happen if one of you dies, and if you split up.

    Joint tenancy is simple. If Nick died, Tom would own the home outright. State Trustees puts it plainly: when two people jointly own real estate, it becomes the property of the surviving owner and "doesn't become part of the estate". The survivor lodges a survivorship application with Land Services Victoria: $46.80 electronic or $57.30 on paper under the fee guide effective 1 July 2026. The trade-off is that neither of you can leave your interest to anyone else while you remain joint tenants.

    Tenancy in common gives each of you a share you control. That matters if you have children from an earlier relationship, or want the title to reflect what each of you put in. The trade-off is that you'll each want a will. State Trustees notes that real estate owned as a tenant in common becomes part of the estate and is transferred or divided according to the will.

    Either way, a will is worth having. A solicitor can draft wills that match how you hold the home, so the two don't pull in different directions.

    What if we put in unequal deposits?

    This was Tom's question. Tenants in common in unequal shares is one way to record it. On their figures, $26,000 and $14,000 is 65% and 35% of their savings, so the title could read 13 shares to Tom and 7 to Nick.

    But the deposit is only the start. They'll repay the loan together for decades. They saw three options:

    1. Joint tenants, accepting that the deposit gap evens out over a shared life.
    2. Tenants in common in unequal shares, recording the deposit split on the title.
    3. Joint tenants or equal shares, plus advice from a family lawyer about recording the deposit difference in writing.

    If a couple does separate, Victoria Legal Aid says they can formalise a property agreement with a consent order or a binding financial agreement, and recommends legal advice even when you agree.

    Borrowing is a separate question: see how much a couple can borrow and broker or bank.

    Buying with a friend or sibling? Tenancy in common lets each of you leave your share to your own family. If you can't agree later, Part IV of the Property Law Act 1958 lets a co-owner apply to VCAT for an order to sell or divide the property, and VCAT must prefer a sale and division of the proceeds unless another order would be more just and fair. A written co-ownership agreement, drafted by a solicitor at the start, can set out what happens if one of you wants out.

    Havenli keeps track of all of this for you.

    Honest answers, your numbers, every step of the journey. Free to start in Victoria.

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    Can you change from joint tenants to tenants in common in Victoria?

    Yes, and one owner can do it alone. Section 72(3) of the Property Law Act 1958 lets a person transfer land to themselves. Land Services Victoria's Customer Information Bulletin 235 explains how a severance is lodged:

    • It can't be lodged as an electronic transfer. It is prepared as a paper transfer instrument and lodged using the section 104 Generic Residual Document in PEXA.
    • The consideration is stated as "to sever the joint tenancy".
    • Where one person is unilaterally severing the joint tenancy, the Registrar expects their conveyancer or lawyer to get a Client Authorisation from that person and verify their identity and right to deal.

    Land Services Victoria charges a registration fee for the transfer, and your conveyancer or solicitor will confirm the full cost before you lodge anything.

    Severing is a serious step, especially if your co-owner hasn't agreed. Get legal advice first, and review your will at the same time, because once you are tenants in common your share passes under it.

    Does changing ownership attract stamp duty?

    Sometimes. Under section 54 of the Duties Act 2000, no duty is charged on a transfer by joint tenants to themselves as tenants in common in equal shares, or by tenants in common in equal shares to themselves as joint tenants. The State Revenue Office's evidence page for this exemption adds: "Any change in interest acquired is dutiable."

    So moving from 50/50 to 65/35 is a change in interest. For couples, the SRO's spouse and partner exemption can apply to certain transfers of residential property between spouses or domestic partners, if the transfer is for no consideration, no one else gets an interest, and at least one of you lives there as your principal place of residence for 12 continuous months, starting within 12 months of the transfer. Ask your conveyancer whether it fits.

    Does it affect the first home buyer stamp duty exemption?

    The SRO's first home buyer duty exemption page sets its rules for every purchaser, not by type of ownership. Key points for co-buyers:

    • All purchasers must be buying the home as their principal place of residence. A friend or sibling buying in as an investor doesn't fit.
    • You are not eligible if you, your spouse or your partner has already received a First Home Owner Grant or first home buyer duty relief, owned a home in Australia before 1 July 2000, or owned and lived in a home for at least 6 continuous months on or after 1 July 2000.
    • At least one purchaser must live there for 12 continuous months, starting within 12 months of settlement.

    If you're eligible, there's no duty up to a dutiable value of $600,000 and reduced duty from $600,001 to $750,000. Our stamp duty guide works through the numbers.

    What happens if you split up?

    For couples, the title isn't the final word. Victoria Legal Aid says property that can be divided includes things "in your name, in both your names", and that you might have rights to property even if your name is not on the ownership papers. If you go to court, the court weighs financial and non-financial contributions and each person's future needs.

    Time limits apply. The Federal Circuit and Family Court says you must apply within 12 months of a divorce order taking effect, or within two years of a de facto relationship ending.

    If the home moves to one of you, the SRO's relationship breakdown exemption can mean no duty on a transfer made solely because of the breakdown, with or without a court order. It doesn't apply if you sell to someone unrelated.

    What Nick and Tom chose

    In the end, Nick and Tom chose joint tenants. They wanted the survivor to keep the home without question, and Tom decided the $12,000 gap mattered less to him than that. They also booked a solicitor to write wills, knowing either of them could sever the joint tenancy later if life changed.

    Another couple could reasonably choose 13 and 7 shares. What matters is understanding the box before you tick it.

    Where Havenli fits

    Havenli is a first home buying companion for Victorian buyers. It keeps your budget, shortlist and next steps in one place, and turns moments like this into clear questions for your conveyancer or solicitor. It's free to start, and you can start free here.

    General information only, not legal advice. Have a licensed conveyancer or solicitor review your contract.

    Sources

    All sources checked as at 29 October 2026.

    Frequently asked questions

    What is the difference between joint tenants and tenants in common in Victoria?

    Joint tenants own the whole property together, with no separate shares, and when one dies their interest passes to the survivor. Tenants in common each hold a share, equal or unequal, and when one dies their share passes under their will, or under the intestacy rules if there is no will.

    Which is the default if our transfer doesn't say?

    Under section 33(4) of the Transfer of Land Act 1958, two or more people named as transferees are treated as entitled jointly, not in shares, unless the transfer says otherwise. In practice the transfer form asks you to choose, so make the choice on purpose.

    Can we own a home in unequal shares in Victoria?

    Yes, as tenants in common in unequal shares. The transfer guide from Land Services Victoria (formerly Land Use Victoria) says the number of shares each buyer holds must be entered on the transfer, for example 3 shares and 2 shares out of 5.

    Can one owner change a joint tenancy to tenants in common without the other?

    Yes. Land Services Victoria refers to a person "unilaterally severing the joint tenancy". It is done with a paper transfer that states the consideration as "to sever the joint tenancy", and the Registrar expects the conveyancer or lawyer to verify the identity and right to deal of the person severing.

    Do you pay stamp duty to change from joint tenants to tenants in common?

    Not if you move from joint tenants to tenants in common in equal shares, or the reverse. Section 54 of the Duties Act 2000 exempts those transfers. Changing to different shares is a change in interest, and the State Revenue Office says that is dutiable unless another exemption, such as the spouse and partner exemption, applies.

    Does joint tenancy or tenancy in common affect the first home buyer stamp duty exemption?

    The State Revenue Office's eligibility rules are set out for every purchaser and do not depend on how you hold title. All purchasers must be buying the home to live in, and you are not eligible if you, your spouse or your partner has already owned and lived in a home for 6 continuous months since 1 July 2000, or has received a First Home Owner Grant or first home buyer duty relief.

    What happens to a jointly owned home if we separate?

    The title doesn't settle it on its own. For couples, Victoria Legal Aid says property in either or both names can be divided, and the court looks at contributions and future needs. You must apply within 12 months of a divorce becoming final, or 2 years after a de facto relationship ends. Transfers made solely because of the breakdown can be exempt from duty.

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