Is a joint tenant entitled to a full share of the property?

British Columbia, Canada


The following excerpt is from Baryla v. Baryla, 2019 BCCA 22 (CanLII):

Joint tenancy and tenancy in common constitute the main forms of co-ownership in Canadian law. A defining characteristic of joint tenancy is the right of survivorship, whereby when a joint tenant dies, his or her interest in the property is extinguished, and the surviving joint tenant obtains the full interest to the property: Zeligs v. Janes, 2016 BCCA 280 at para. 41.

Other Questions


When a joint tenant dies, does the last joint tenant inherit the property? (British Columbia, Canada)
Is a joint tenant of a property owned by a deceased spouse entitled to claim the property from the deceased? (British Columbia, Canada)
Is a joint tenant entitled to occupation rent when the joint tenant has been ousted from the home? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
Is a defendant entitled to a 65% share of the joint net worth as a result of his disproportionate contribution to the parties jointly net worth? (British Columbia, Canada)
Is a party who jointly invests in property entitled to divide the proceeds from the sale of the property prior to paying the unequal acquisition debt? (British Columbia, Canada)
Does the words 'shall be the joint property of the undersigned' or 'right of survivorship' convey a legal title to a joint property? (British Columbia, Canada)
Is a joint owner of a property entitled to that asset because there was a gift of beneficial interest to them? (British Columbia, Canada)
What is the effect of joint tenancy when a joint tenant dies? (British Columbia, Canada)
Does the right of survivorship confer a complete and perfect gift to a joint tenant of a property? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.