What happens to a jointly owned property when one owner dies in Australia? 

Buying a property with someone else can be a smart financial decision. But few people think about “what happens if one owner dies?”. In this blog, we explain what joint tenancy means and what happens when one owner passes away. We also outline how Whyte Just & Moore’s Geelong lawyers can help protect your property and make the legal process easier to manage. 

Understanding joint tenancy and property ownership 

When two or more people buy a property, they must decide how they own it. This choice affects what happens when one person dies. 

In a joint tenancy, all owners hold equal rights to the entire property. When one owner dies, the surviving owner automatically acquires full ownership. This is known as the right of survivorship. Under this rule, the property transfers directly to the surviving owner. The property does not form part of the deceased owner’s estate or Will. 

Although the transfer happens by law, the surviving owner must still complete the necessary legal steps to update the title. This process can feel confusing or overwhelming, particularly during a period of grief. Working with Whyte Just & Moore’s Geelong lawyers can make the process quicker and far less stressful. 

How does a joint tenancy transfer work? 

When one joint tenant dies, the surviving owner must apply to remove the deceased’s name from the title. This is called a survivorship application. It proves that ownership of the property has changed. 

The application requires several documents: 

• A certified copy of the death certificate 
• Proof of identity 
• A signed statutory declaration 
• The Certificate of Title 

If the property has a mortgage, the lender must also update its records. Each step comes with precise legal requirements, and any errors or missing documents can lead to delays. Whyte Just & Moore provides property law in Geelong and can guide you through the process to help avoid complications. 

When property is owned as tenants in common 

Not all jointly owned properties are held as joint tenancies. Some owners choose to hold the property as tenants in common, where each person owns a defined share. When one owner dies, their share is distributed according to their Will, not automatically to the surviving owner. 

This structure can suit certain circumstances but may create confusion without proper planning. Engaging a lawyer to look over the ownership arrangement helps ensure your interests are protected and that your plans will work the way you intend. 

How can Whyte Just & Moore help? 

Losing a loved one is difficult enough without added stress from property paperwork. The property law team at Whyte Just & Moore can handle all the required steps, including preparing and lodging applications on your behalf. Our Geelong lawyers explain your options clearly so you can make informed decisions with confidence. 

If you need help with joint tenancy matters or any aspect of property law in Geelong, please contact our friendly team at Whyte Just & Moore today.