Two people can own the same California home in very different ways. The vesting you choose—joint tenancy or tenancy in common—decides what happens when one owner dies. Here is the plain-English difference.
Joint tenancy: equal shares plus right of survivorship
Joint tenancy means two or more owners hold the property in equal shares with a right of survivorship. The defining feature: when one joint tenant dies, their interest passes automatically to the surviving joint tenant(s). It does not go through the deceased owner's will or probate.
To clear title after a death, the survivor typically records an Affidavit — Death of Joint Tenant with a certified death certificate. California deeds usually must state "as joint tenants" expressly to create it.
Tenancy in common: separate, inheritable shares
Tenancy in common (TIC) lets co-owners hold separate shares that can be unequal (say, 70/30) and do not carry survivorship. Each owner can sell, gift, or leave their share to whomever they choose. When a tenant in common dies, their share passes to their heirs or beneficiaries via their will, trust, or probate—not to the other co-owners.
In California, when a deed to two or more unmarried people does not specify survivorship, it is generally presumed to be a tenancy in common.
How each transfers at death—side by side
Joint tenancy: share passes automatically to surviving owner(s); no probate for that transfer; cleared with an affidavit of death.
Tenancy in common: share passes to the deceased owner's chosen heirs/beneficiaries; may require probate or a trust/petition to transfer; the surviving co-owners may suddenly share the home with the late owner's heirs.
That last point matters: with TIC you could end up co-owning with a relative or stranger you did not choose, while joint tenancy keeps ownership consolidated among the survivors.
Trade-offs, taxes, and a survivorship caveat
Joint tenancy is simple for passing a home to a co-owner, but it can complicate estate planning, may expose the property to a co-owner's creditors, and—for married couples—may not give the full double step-up in basis that community property can. TIC offers flexibility and unequal ownership, but the deceased owner's share can land in probate. Also, a joint tenancy can be severed (for example by one owner deeding away their interest), which converts it to a tenancy in common. These tax and planning nuances are worth reviewing with a CPA and an attorney.
Choosing the right vesting
The best vesting depends on your relationship to the co-owner, your estate plan, and tax goals. Married couples and registered domestic partners have additional options (community property and community property with right of survivorship) that may be better than plain joint tenancy. Decide vesting with an attorney/CPA before recording the deed; Brian can coordinate the real-estate side and the title company during a purchase.
Important: this is general information, not legal or tax advice
Brian Cooper is a licensed California REALTOR® with eXp Realty—not an attorney, a CPA, or a certified estate planner. Everything on this page is general information about California real estate and how property changes hands. It is not legal, tax, or estate-planning advice, and it does not create any professional relationship.
Title, probate, divorce, and tax rules are detailed, fact-specific, and change over time. Dollar thresholds and dates in this guide should be re-confirmed against current California law before you rely on them. Please consult a qualified California estate-planning or real-estate attorney and a CPA about your own situation, and confirm the current rules with the court or county recorder. When you are ready to buy, sell, or value a home tied to any of these events, Brian is glad to help with the real-estate side and to coordinate with your attorney and tax advisor. Contact Brian.
Frequently Asked Questions
Does joint tenancy avoid probate in California?
For the transfer to a surviving joint tenant, generally yes. The deceased owner's share passes automatically by right of survivorship, and the survivor clears title by recording an affidavit of death with a death certificate—no probate for that transfer.
Can tenants in common own unequal shares?
Yes. Tenancy in common allows unequal shares, such as 60/40 or 75/25, and each owner can sell or leave their share independently. Joint tenancy, by contrast, presumes equal shares.
What happens to a tenant-in-common's share when they die?
It passes to the heirs or beneficiaries named in their will or trust, or by intestate succession if there is no will—often through probate. It does not automatically go to the surviving co-owners.
Can one owner break a joint tenancy?
Yes. A joint tenant can sever the joint tenancy, for example by transferring their interest, which converts that share to a tenancy in common and ends survivorship for it. The rules are technical, so consult an attorney.
Which is better for a married couple?
Married couples often have better options than plain joint tenancy, such as community property or community property with right of survivorship, which can offer a double step-up in basis. Discuss the choice with a CPA and attorney.
Is joint tenancy a good substitute for an estate plan?
Not really. It can pass a home to a co-owner, but it does not address taxes, creditor exposure, incapacity, or who inherits next. A living trust or full estate plan usually provides more control and protection.
