Joint Property & Wills — What Happens to Your Share?

If you own property jointly with another person in Ireland, what happens to your share when you die depends entirely on how you hold the property — as joint tenants or as tenants in common.

Joint Tenants

Joint tenancy is the most common form of property ownership for married couples. The key rule is the right of survivorship — when one joint tenant dies, their share automatically passes to the surviving owner(s). It does not pass under the will. It does not go through probate.

This means: if you own your home as joint tenants with your spouse and you die, your spouse automatically becomes the sole owner — your will has no effect on that property.

Tenants in Common

Tenants in common hold separate, distinct shares in the property. These shares can be equal or unequal. When a tenant in common dies, their share does pass under their will (or under intestacy rules if there is no will). It does go through probate.

Tenants in common is common in investment properties, properties held by business partners, or situations where each party wants to leave their share to their own children.

Which is Right for You?

Frequently Asked Questions

What is the difference between joint tenants and tenants in common in Ireland?

Joint tenants have a right of survivorship — when one dies, their share passes automatically to the survivor, not through the will. Tenants in common have separate shares that pass through the estate.

Does jointly owned property go through probate in Ireland?

Joint tenancy does not require probate — it passes by survivorship. Tenants in common shares do pass through probate.

Can I leave my share of a jointly owned property in my will?

If you own as joint tenants, no — the share passes to the co-owner automatically. If you own as tenants in common, yes — your share can be left in your will to whoever you choose.