If you're buying with anyone else, a partner, a friend, a sibling, there's a decision buried in the paperwork that doesn't get much airtime but matters a lot: how the title is going to be held. It has nothing to do with renting, despite the name, and it changes what happens to your share of the house down the track.
The short answer
Joint tenants own the property together as a single, undivided whole, with equal shares and automatic survivorship, meaning if one owner dies, their share passes straight to the other owner, not through their will. Tenants in common each own a defined, separate share, which can be equal or unequal, and each share can be sold, gifted, or left in a will independently of the other owners.
Neither option is automatically "better." It depends on who you're buying with and what you want to happen to your share in future.
Joint tenants, in plain English
- You and your co-owner (or co-owners) hold the whole property together, not as separate slices.
- Ownership is automatically equal, regardless of how much each person actually contributed.
- If one owner dies, their share automatically passes to the surviving owner, outside of their will and outside probate. This is called the right of survivorship.
- You can't leave your share of a joint tenancy to someone else in your will while it remains a joint tenancy.
This structure is common for couples buying together, particularly where the intention is straightforwardly "if something happens to one of us, the other keeps the home."
Tenants in common, in plain English
- Each owner holds a defined share of the property, which doesn't have to be equal. Two friends who put in different amounts towards the deposit might hold, say, 60% and 40%.
- Each share is treated as separate property. You can sell your share, give it away, or leave it to someone in your will, without needing the other owner's agreement to do so (though selling it in practice can be more complicated if the other owner doesn't want a stranger involved).
- There's no automatic survivorship. If an owner dies, their share goes to whoever they've left it to in their will, or under intestacy rules if they don't have one, not automatically to the co-owner.
This structure tends to suit situations where the contributions aren't equal, or where each person wants control over what happens to their share independently, such as friends, siblings, or a couple where one person wants their share to go to their own children rather than automatically to their partner.
How to think about which one fits
Ask yourself a few honest questions:
- Are your contributions equal? If one of you is putting in significantly more towards the deposit, tenants in common with matching shares can reflect that properly. Joint tenancy assumes an equal split regardless.
- What do you want to happen if one owner dies? Joint tenancy sends the share straight to the survivor. Tenants in common lets each person control their share through their will.
- Could you end up wanting to sell your share independently? Tenants in common makes that structurally possible in a way joint tenancy doesn't.
- Is this a relationship purchase or a co-buying arrangement with friends? Couples often lean towards joint tenants for simplicity. Friends and family groups more often choose tenants in common, precisely because they want each person's share to stand alone.
There's no default that's automatically right. It's a decision to make deliberately, with your conveyancer, based on your actual situation rather than what a friend did.
Everyone on the title goes through the same process
Whoever ends up on the title, every owner needs to go through the same identity verification and compliance steps as the primary buyer. If you're buying with a partner, a friend, or family, it's worth reading how that works alongside your title decision. See our first-home buyer checklist for the full run of what needs to happen before settlement.
How Kemba helps
We'll walk you and your co-buyer through the joint tenants versus tenants in common decision in plain English before it goes into your Sale & Purchase Agreement, so it's a choice you've actually made, not a default the paperwork landed on. Everyone on the title gets their own login and their own view of the file. Fixed $2,500 + GST, disbursements included, NZ-qualified people doing the work.
Frequently asked questions
What's the difference between joint tenants and tenants in common?
Joint tenants own the whole property together with equal, undivided shares and automatic survivorship, so a deceased owner's share passes straight to the surviving owner. Tenants in common each hold a separate, definable share, which can be unequal, and each share can be sold or left in a will independently.
Which is better for a couple buying their first home?
Many couples choose joint tenants for its simplicity and the automatic survivorship, but it's not automatically the right choice for everyone. If your contributions are unequal or you each want independent control over your share, tenants in common may suit better. Talk it through with your conveyancer.
Can I change from joint tenants to tenants in common later?
Yes, this is possible through a legal process, but it takes time and cost to do properly. It's easier and cheaper to make the right decision at purchase than to change it afterwards.
What happens to my share if I die as a tenant in common?
Your share passes according to your will, or under intestacy rules if you don't have one. It doesn't automatically go to your co-owner the way it would under a joint tenancy.
Do unequal contributions to the deposit matter?
They can. If you and a co-buyer are putting in different amounts, tenants in common lets you hold shares that reflect that, for example 60/40 rather than an automatic 50/50 split under joint tenancy. Worth flagging to your conveyancer before the agreement is drawn up.
