Skip to main content

PRUDENCE — Sagacity. Wisdom. Protection.

Legal Consolidated publishes PRUDENCE each week. It is emailed to accountants & financial planners. But anyone can join the free mailing list.

SMSF Joint Tenants vs Tenants in Common

Question: SMSF Joint Tenants vs Tenants in Common is a common discussion. I agree that Joint Tenancy is generally dangerous because of the CGT regime as per your previous PRUDENCE (2nd Edition) article . However, should Trustees in an SMSF own property as…

Joint tenancy is a de facto death duty

Tenants in common : each owner holds their share of the asset outright. It can be 20% and 80%. Or it can be 50% and 50%. Or it can be 34%, 6% and 60%. However, it must equal 100% when a tenant in common dies; your interest in the asset then goes into your…