What is tenants in common in Alberta real estate?

Tenants-in-common is the default form of co-ownership in Alberta when the owners do not hold as joint tenants — and it behaves very differently from joint tenancy, particularly on death and separation.

Key features of tenants-in-common

Unlike joint tenancy, tenants-in-common ownership has three key characteristics that differentiate it: no right of survivorship, unequal shares allowed, and independent dealing. There is no automatic transfer of a deceased owner's interest to the other owner(s). Each owner can hold any fraction of the total interest (e.g., 70/30, 60/40, or any other division). And each owner can deal with their share — sell, mortgage, or gift it — independently.

Tenants-in-common in divorce

When a married couple in Alberta separates, any joint tenancy they hold is automatically severed and converted to tenants-in-common by operation of law. This is a critical legal change: after separation, if one spouse dies before the divorce is finalized, their share in the home passes through their estate according to their will — not automatically to the other spouse. Both spouses should update their wills immediately upon separation.

Selling a property held as tenants-in-common

Because each owner holds an independent interest, both must agree to sell the property as a whole — neither can force the other to sell through a listing agreement alone. If one co-owner refuses to sell, the other can apply to the Court of King's Bench for a "partition and sale" order, which compels a sale and distributes the proceeds in proportion to each owner's share.

Tenants-in-common in estate situations

When one co-owner dies as a tenant-in-common, their interest forms part of their estate and passes through probate. The estate must be included in any listing agreement — the executor (with a Grant of Probate) signs on behalf of the deceased owner's estate, while the surviving co-owner(s) sign for their own interests. Ryan has experience managing these multi-party title situations.

Unequal shares and documentation

Tenants-in-common shares do not need to be equal. Unmarried co-buyers sometimes hold in proportion to their down payment contribution — e.g., 60/40. These fractional interests should be documented clearly at the time of purchase in a co-ownership agreement, separate from the title document, to prevent disputes later about how proceeds should be split on sale.

Frequently asked questions

What happens when one tenants-in-common owner wants to sell and the other does not?

The unwilling co-owner cannot be forced to sign a listing agreement. The willing co-owner's remedy is a court application for partition and sale under the Law of Property Act. The court can order the property sold and proceeds distributed proportionally. This process typically takes 3–6 months and adds $5,000–$15,000+ in legal costs.

Can I leave my tenants-in-common share to anyone I choose in my will?

Yes. Unlike joint tenancy (where survivorship overrides the will), a tenants-in-common share passes through your estate and is distributed according to your will. If you die without a will, Alberta's intestacy rules under the Wills and Succession Act determine who receives the share.

Is tenants-in-common better than joint tenancy for co-owners who are not married?

Generally yes, for two reasons: first, it allows unequal shares reflecting unequal contributions; second, each owner's share passes through their own estate, giving each person control over who ultimately benefits from their investment. Tenants-in-common co-owners should have both a co-ownership agreement and updated wills.

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This page is for general information only and does not constitute legal or tax advice. Consult a qualified Alberta lawyer or accountant for advice specific to your situation.