How you co-own property in Malaysia determines what happens to your share when you die. Joint tenancy (right of survivorship) passes your share automatically to the surviving co-owner. Tenancy in common allows you to will your share independently. The choice has major estate planning implications.
Joint Tenancy vs Tenancy in Common
| Feature | Joint Tenancy | Tenancy in Common |
|---|---|---|
| Shares | Equal (cannot be unequal) | Can be any proportion (e.g., 60/40) |
| On death | Automatically to survivor(s) | Passes to estate (will/Faraid) |
| Probate required? | No โ survivorship automatic | Yes โ part of estate |
| Can you will your share? | No | Yes |
| Faraid applies? | No (survivorship overrides) | Yes (Muslim owner's share) |
Severing Joint Tenancy
A joint tenancy can be converted to tenancy in common by any co-owner unilaterally by filing a Memorandum of Severance at the Land Registry. This is often done when co-owners disagree on the property's future or when one wants to will their share independently.
Practical Application
For married couples who want the surviving spouse to get the property immediately without probate: joint tenancy is efficient. For business partners or co-investors who want their share to go to their own heirs: tenancy in common. For Muslim families with complex Faraid situations: consult an Islamic estate planner before choosing the ownership structure.
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