Real estate Q&A: If something happens to me, how can my daughter keep property we co-own?

Gary M. Singer, South Florida Sun Sentinel on Apr 17, 2025

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Q: I am buying a vacation home with one of my children, and we will take turns using it and split the cost and expenses. We want to make sure that if something happens to me, she does not have to split the house with her siblings, whom I made other arrangements for in my will. What can we do? —Marjorie

A: When a property is co-owned with someone not your spouse, you have two options for ownership. This decision will determine the fate of the property upon your death and may influence other rights.

The most prevalent method of co-ownership is known as “tenants in common.” This is the default way of owning property with others, where each owner holds their share completely. If one owner passes away, their portion will go to their heirs, who will take their place as co-owners.

Conversely, if the property is owned as “joint tenants with right of survivorship,” and one owner dies, the remaining owners retain ownership, effectively inheriting the deceased owner’s rights. To own property this way, including the phrase “joint tenants with right of survivorship” on the deed is essential.

If you don’t see those words on your deed, that means the property is owned as tenants in common.

Any joint tenant has the right to deed their share of the property to anyone they choose. However, if a joint tenant transfers their portion to someone not already named on the deed, all owners will become tenants in common. This means the survivorship feature would no longer apply. This feature could become important should you want to change who gets your share of the property when you pass away.

Whenever people who are not married to each other, including parents and children, own property together, I recommend entering into a written “co-ownership agreement.” This type of contract will lay out each person’s rights and responsibilities and what will happen if one of you wants to sell the property while the other does not.

Not only will taking the time to think these issues through in advance help avoid disputes, but the agreement will also make resolving any dispute that could not be avoided easier and less expensive to resolve.