- Joint tenants have no separate shares and the right of survivorship applies.
- Tenants in common hold defined shares, which can be unequal.
- A joint tenant's interest passes to the survivor even if their will says otherwise.
- A joint tenancy can be severed, but it must be done properly and registered.
Joint tenancy
Under a joint tenancy, the owners hold the property together as a single unit. No one has a separate share; each owns the whole, together with the others.
The key feature is the right of survivorship. When one joint tenant dies, their interest passes automatically to the surviving owner or owners. It does not form part of the deceased's estate, and this happens even if their will tries to leave the property to someone else. Many married couples choose joint tenancy for this reason.
Tenancy in common
Under a tenancy in common, each owner holds a defined share of the property. The shares can be equal, such as 50/50, or unequal, such as 70/30, often reflecting what each person contributed.
There is no right of survivorship. When a tenant in common dies, their share forms part of their estate and passes under their will, or under the Intestate Succession Act if there is no will. This arrangement is often preferred by co-investors, or by owners who want to leave their share to someone other than the co-owner.
Changing from one to the other
Turning a joint tenancy into a tenancy in common is called severance. Firms describe three broad routes:
- By agreement: all the joint tenants sign an instrument of declaration, which results in equal shares.
- Unilaterally: one joint tenant makes a declaration on their own, serves it on the others and registers it with the Singapore Land Authority.
- By operation of law or court order: for example on a transfer to a third party, bankruptcy, or an order of court. A court order is generally needed if the owners want unequal shares.
Registration matters. The Court of Appeal has held that an unregistered unilateral declaration did not sever the joint tenancy. If a joint tenant dies before severance is completed, survivorship may still apply. Where there is a mortgage, the bank's consent may also be needed.
HDB flats have their own process: owners apply to HDB to change the manner of holding or the proportion of shares.
Costs and stamp duty
A change in the manner of holding can have stamp duty consequences, particularly where shares are changed unequally and part of the property is in effect transferred. Check the position before you proceed.
Choosing at the time of purchase
It is worth deciding how you will hold the property before you buy, and thinking about it alongside any will. A lawyer can explain how each option would work for your family or co-owners.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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