Joint tenancy grants automatic survivorship — your share passes to the surviving co-owner on death, bypassing your will. Tenancy in common gives each owner a defined share that can be willed, sold, or used for decoupling. Married couples prioritising seamless inheritance often choose joint tenancy; those with unequal contributions, second-property ambitions, or estate-planning needs typically choose tenancy in common. Either form can be changed after purchase, but converting costs S$800–S$2,000 in legal and registration fees (as of 2026-06).
At the conveyancing table, most buyers circle a form of co-ownership in under thirty seconds. The lawyer says "joint tenancy or tenancy in common?" and one partner looks at the other and shrugs. Yet the answer controls three outcomes that matter enormously: who gets the property if one owner dies, whether the property can be decoupled to avoid Additional Buyer's Stamp Duty (IRAS ABSD page) on a future purchase, and how CPF refunds are calculated. A mismatch between your choice and your actual intentions — especially the intention to buy a second property later — can cost six figures to unwind. This guide gives you the framework to make the right call the first time.
Two Legal Forms, One Registered Title
Singapore property co-ownership is governed by the Land Titles Act (Cap. 157) and administered by the Singapore Land Authority (SLA). When two or more persons purchase property, the instrument of transfer must state the manner of holding: joint tenancy or tenancy in common. This declaration is registered on the title and is legally binding on both parties and their estates.
Joint Tenancy: The Undivided Whole
Under a joint tenancy, every co-owner holds the entire property jointly. No individual owns a quantifiable slice. The legal concept requires four unities to exist simultaneously: unity of possession (all own the whole), unity of interest (same type and duration of interest), unity of title (interest acquired via the same instrument), and unity of time (interest acquired simultaneously). The signature feature is the right of survivorship (jus accrescendi): on the death of any joint tenant, that person's interest extinguishes and the surviving joint tenant(s) absorb it automatically. The transfer bypasses the deceased's will, the estate, and probate — it is immediate and complete. The survivor registers a death certificate with SLA to update the title, a process that typically takes days rather than the six to twelve months that probate can require.
For married SC couples who have contributed equally and foresee no second purchase, joint tenancy is administratively elegant. There is no will required for the property; no estate to administer; no court order needed. However, the right of survivorship is a double-edged instrument: it means the property cannot be left to children, siblings, or charities via a will. Whatever is in the will is simply irrelevant to jointly held property.
Tenancy in Common: Defined Shares
Under a tenancy in common, each co-owner holds a separately defined share recorded in the transfer instrument. Shares need not be equal — common splits include 50/50, 60/40, 99/1, and 70/30. The critical difference: there is no right of survivorship. On death, a tenant-in-common's share forms part of the deceased's estate and passes according to their will (or, in the absence of a will, under the Intestate Succession Act for non-Muslims, or faraid for Muslims). A surviving co-owner does not inherit automatically and could find themselves co-owning the property with the deceased's parents, siblings, or a charitable trust unless the deceased's will says otherwise. This makes having a valid will near-essential for any tenant in common.
Tenancy in common offers flexibility that joint tenancy cannot: unequal shares reflect unequal contributions; each share can be willed to any beneficiary; and one co-owner can transfer their share to the other without severing a joint tenancy first. This last point is directly relevant to decoupling — a tax-planning strategy in which one co-owner transfers their share to the other so the transferring owner becomes "property-free" and can purchase a subsequent property at a lower ABSD rate. Use the decoupling calculator to model the BSD cost of the transfer versus the ABSD savings on the next purchase.
The 99/1 Split: A Decoupling Pre-Position
A 99/1 tenancy-in-common split (one owner holds 99%, the other holds 1%) has become a known pre-positioning strategy. The logic: if the 1% owner later transfers their 1% share to the 99% owner, the BSD payable is calculated on 1% of the property value — a much smaller amount than BSD on 50%. For a S$1.5 million condo, BSD on 1% (S$15,000) is S$150 (1% × S$15,000, since it falls within the first S$180,000 tier). Compare that with BSD on 50% (S$750,000): approximately S$17,100. The difference is material. However, IRAS has indicated awareness of arrangements that lack genuine commercial rationale and are structured solely for tax avoidance. Buyers considering a 99/1 split should document their genuine reasons and obtain independent legal advice. Use the stamp duty calculator to verify the BSD at any split ratio.
When two or more people buy a property in Singapore, they must choose one of two legal forms of co-ownership: joint tenancy or tenancy in common. The decision affects what happens when one owner dies, how Additional Buyer’s Stamp Duty (IRAS ABSD ratesABSD) is calculated on future purchases, whether the property can be willed to a specific beneficiary, and how CPF withdrawals are structured. Despite these far-reaching consequences, many buyers select a form of co-ownership at their lawyer’s office without fully understanding the implications.
This guide explains both forms in detail, compares them side by side, walks through the 2026 ABSD implications, provides two fully worked examples, and sets out a practical decision matrix for different buyer profiles. For related reading on stamp duty rates, see our Complete Stamp Duty Guide. If decoupling is on your radar, read our Decoupling Strategy Guide. For estate planning context, see Estate Planning: Property, Wills, Trusts & CPF.
Overview: Two Forms, One Property
Singapore property law recognises two forms of concurrent ownership, both registered at the Singapore Land Authority (SLA). The form of co-ownership is stated at purchase and recorded in the instrument of transfer. The distinction governs three critical areas: what happens on death, how each co-owner’s interest can be dealt with, and whether the property counts as owned by one or two persons for ABSD purposes.
How Joint Tenancy Works
Under a joint tenancy, all co-owners hold the entire property together as a single, undivided interest. No individual co-owner has a distinct share — legally, the ownership is indivisible. This means a joint tenant cannot say “I own 50% of this condo”; rather, each joint tenant owns the whole property jointly with the other(s).
The Four Unities
A valid joint tenancy requires four unities to exist simultaneously:
- Unity of Possession: Each co-owner has equal right to possess and use the entire property. No co-owner can exclude another from any part of it.
- Unity of Interest: All co-owners hold the same type and duration of interest. If one holds a freehold interest, all must hold a freehold interest.
- Unity of Title: All co-owners must have acquired their interest through the same instrument — typically the same transfer or conveyance document.
- Unity of Time: All co-owners must have received their interest at the same time.
If any of these four unities is absent at the time of acquisition, the co-ownership defaults to a tenancy in common.
Right of Survivorship
The defining feature of joint tenancy is the right of survivorship (jus accrescendi). When one joint tenant dies, that person’s interest automatically passes to the surviving joint tenant(s) by operation of law. It does not form part of the deceased’s estate, it cannot be distributed under a will, and it bypasses the probate process entirely. This transfer is immediate and automatic upon death — the surviving co-owner simply registers the death certificate with SLA to update the title records.
For married couples, the right of survivorship avoids the cost and delay of obtaining a Grant of Probate or Letters of Administration — estate proceedings that can take six to twelve months.
Severance: Breaking the Joint Tenancy
A joint tenant can unilaterally sever the joint tenancy — converting it into a tenancy in common — without the consent of the other joint tenant(s). Severance destroys the right of survivorship and creates distinct, equal shares. We discuss the full severance process in the Severance Process section below.
How Tenancy in Common Works
Under a tenancy in common, each co-owner holds a distinct, quantifiable share of the property. These shares do not need to be equal. One co-owner might hold 60% while the other holds 40%, or three co-owners might hold 50%, 30%, and 20% respectively. The shares are stated in the instrument of transfer and recorded on the title.
No Right of Survivorship
This is the critical difference from joint tenancy. When a tenant in common dies, their share does not automatically pass to the surviving co-owner(s). Instead, the deceased’s share forms part of their estate and is distributed according to their will — or, if they died intestate (without a will), according to the Intestate Succession Act (for non-Muslims) or faraid (for Muslims).
This means a tenant in common must have a valid will to control who inherits their share. Without one, the share goes to beneficiaries determined by statute — potentially resulting in the surviving co-owner sharing ownership with the deceased’s parents or siblings.
Unequal Shares and Flexibility
Tenancy in common allows co-owners who contribute unequally to hold the property in matching proportions. This is particularly relevant for:
- Unmarried co-buyers (partners, siblings, friends) who may contribute different amounts
- Parent-child purchases where one party provides a larger deposit or services the mortgage disproportionately
- Investment partnerships where capital contributions differ
Each tenant in common can independently sell, mortgage, or transfer their share — subject to any co-ownership agreement. In practice, selling a partial share is difficult because buyers generally want full ownership, but the legal right exists.
Side-by-Side Comparison
| Feature | Joint Tenancy | Tenancy in Common |
|---|---|---|
| Ownership structure | Undivided whole — no distinct shares | Distinct, quantifiable shares (can be unequal) |
| Right of survivorship | Yes — automatic transfer on death | No — share passes via will or intestacy |
| ABSD on next purchase | Both owners count as owning a property; each pays higher-rate ABSD on any subsequent buy | Same — both owners count as owning a property |
| Decoupling potential | Requires severance first (to create distinct shares), then transfer of one share | One co-owner can transfer their share directly to the other |
| Estate planning | Property bypasses estate — cannot be willed | Each share can be willed to any beneficiary |
| CPF usage | Both owners can use CPF; refund to both OA accounts on sale | CPF usage proportional to ownership share; refund proportional |
| Unequal contributions | Not reflected in title — may create resulting trust issues | Shares can mirror actual financial contributions |
| Disposal of interest | Sale or transfer severs the joint tenancy | Each owner can sell or transfer their share independently |
| Creditor exposure | Creditor action on one owner severs the joint tenancy | Creditor can attach and force sale of individual share |
| Will required? | Not for the property (survivorship overrides) | Strongly recommended — essential to direct inheritance |
ABSD Implications (2026 Rates)
Regardless of which form you choose, both co-owners are treated as property owners for ABSD purposes. Under the 2026 ABSD regime (rates effective since 27 April 2023):
- Singapore Citizens (SC): 0% on first property, 20% on second property, 30% on third and subsequent
- Singapore Permanent Residents (PR): 5% on first property, 30% on second and subsequent
- Foreigners: 60% on any residential property
If a married SC couple buys a condo together and later one spouse wants a second property in their sole name, that spouse pays the 20% second-property ABSD rate. On a S$1.5 million purchase, that is S$300,000 in ABSD.
This is where decoupling becomes relevant. By transferring one spouse’s share to the other, the transferring spouse “owns zero properties” and can buy the next property at 0% ABSD. The transfer itself triggers BSD (and potentially ABSD) on the share transferred. See our Decoupling Strategy Guide and the Stamp Duty Calculator to model the numbers.
Worked Example 1: Married Couple — Joint Tenancy
Scenario: David and Sarah, both Singapore Citizens, are buying their first condo at S$1,500,000. Neither owns any other residential property. They intend to live in the unit long-term and want the surviving spouse to inherit the property automatically.
| Item | Amount / Detail |
|---|---|
| Purchase price | S$1,500,000 |
| Co-ownership form | Joint tenancy |
| BSD payable | S$44,600 (progressive rate on S$1.5M) |
| ABSD payable | S$0 (first property for both SCs) |
| CPF usage | Both use OA — no proportional restriction |
| On death of one spouse | Surviving spouse becomes sole owner automatically; no probate required |
| If they later want a 2nd property | Both are “owners” — either would pay 20% ABSD (S$300K on a S$1.5M purchase). Decoupling requires severance first, then transfer of one share with BSD on that share. |
Why joint tenancy works here: Equal contributions, automatic survivorship, no second-property plans. The simplicity of joint tenancy — no will needed for the property, no probate on death — aligns with their situation.
Worked Example 2: Unmarried Co-Buyers — Tenancy in Common (60/40)
Scenario: Marcus and Kevin, friends and both Singapore Citizens, are buying an investment condo at S$1,200,000. Marcus contributes S$720,000 (60%) and Kevin contributes S$480,000 (40%). This is the first property for both.
| Item | Amount / Detail |
|---|---|
| Purchase price | S$1,200,000 |
| Co-ownership form | Tenancy in common — Marcus 60%, Kevin 40% |
| BSD payable | S$32,600 (progressive rate on S$1.2M) |
| ABSD payable | S$0 (first property for both SCs) |
| CPF usage | Marcus can use CPF up to 60% of the valuation limit; Kevin up to 40% |
| Rental income split | 60/40 per ownership share |
| On death of Marcus | His 60% share goes to beneficiaries named in his will — not to Kevin automatically. Kevin retains his 40% and may end up co-owning with Marcus’s family. |
| Exit strategy | Either can sell their share (though finding a buyer for a partial share is difficult); more realistically, both agree to sell the whole unit and split proceeds 60/40. |
Why tenancy in common works here: Unequal contributions reflected in the title, no automatic survivorship, and CPF usage, rental income, and sale proceeds proportional to each person’s contribution.
When to Choose Which: Decision Matrix
Use this decision matrix as a starting point:
| Buyer Profile | Recommended Form | Reasoning |
|---|---|---|
| Married couple, equal contributions, no second-property plans | Joint tenancy | Automatic survivorship, simplest estate outcome, no will needed for the property |
| Married couple planning to buy a second property later | Tenancy in common | Easier decoupling — skip the severance step, transfer one share directly, save legal fees and time |
| Unmarried partners (equal contributions) | Tenancy in common (50/50) | No survivorship risk — each partner wills their share to chosen beneficiaries; cleaner separation if the relationship ends |
| Unmarried co-buyers with unequal contributions | Tenancy in common (proportional) | Title reflects actual contributions; avoids resulting trust disputes |
| Parent and child buying together | Tenancy in common | Parent can will their share to the child (or other children); proportional CPF usage; clearer estate distribution |
| Elderly couple, all assets meant for surviving spouse | Joint tenancy | Immediate, automatic transfer — critical when the surviving spouse needs housing security without legal delay |
| Investor partners (business relationship) | Tenancy in common | Defined shares, independent disposal rights, no survivorship entanglement; pair with a co-ownership deed |
Severance: Converting Joint Tenancy to Tenancy in Common
After severance, each former joint tenant holds a distinct equal share (e.g., 50/50 for two former joint tenants) as tenants in common, and the right of survivorship no longer applies.
Legal Steps
- Engage a conveyancing lawyer. While a joint tenant can sever unilaterally (without the other’s consent), the process still requires legal documentation. Typical legal fees range from S$800 to S$2,000.
- Execute a Declaration of Severance. The lawyer prepares a statutory declaration or written notice served on the other joint tenant(s). Under the Land Titles Act, this instrument must be in registrable form.
- Lodge with the Singapore Land Authority. The instrument of severance is lodged with SLA for registration. SLA updates the land register to reflect the new tenancy in common with equal shares. Registration fees are modest — typically under S$100.
- Update your will. Once severance takes effect, your share of the property no longer passes by survivorship. You must update your will to specify who inherits your share. Failing to do so means your share will be distributed under intestacy rules.
- Notify CPF Board (if applicable). If CPF funds were used for the purchase, notify the CPF Board of the change in co-ownership form. CPF refund obligations on sale will be recalculated based on the new ownership shares.
Stamp Duty on Severance
A straightforward severance — equal shares, no consideration — generally does not trigger BSD or ABSD. However, if severance is combined with a transfer of shares (e.g., one joint tenant transfers their newly created share to the other), BSD and potentially ABSD apply on the transferred share’s value. Confirm with IRAS or your lawyer before proceeding.
Frequently Asked Questions
Can I change from tenancy in common back to joint tenancy?
Yes, but all co-owners must agree, and the four unities must be re-established. This usually requires a new transfer instrument and re-registration with SLA. Legal fees and registration costs apply.
Does the form of co-ownership affect my mortgage application?
Banks accept both forms. For tenancy in common with unequal shares, the bank may structure loan liability proportional to ownership shares or require all co-owners to be co-borrowers. The TDSR assessment is based on combined borrower income regardless of ownership shares.
If I hold as tenants in common and die without a will, what happens to my share?
For non-Muslims, the Intestate Succession Act determines distribution: a surviving spouse typically receives 50% of the estate, with children sharing the remainder. For Muslims, faraid rules under AMLA apply. The surviving co-owner does not automatically receive the deceased’s share — they may end up co-owning with statutory beneficiaries. This is why a will is essential under tenancy in common.
Can three or more people hold property as joint tenants?
Yes. Three or more individuals can hold as joint tenants provided the four unities are satisfied. When one dies, their interest accrues to the survivors equally. If any one joint tenant severs, that person becomes a tenant in common holding their proportional share, while the remaining joint tenants continue as joint tenants inter se (among themselves).
Is there a stamp duty cost to sever a joint tenancy?
A pure severance — no consideration, equal shares — does not attract BSD or ABSD. If accompanied by a share transfer (common in decoupling), BSD applies on the market value of the transferred share, and ABSD may apply depending on the transferee’s property count. SLA registration fees are minimal (under S$100). Seek confirmation from IRAS if uncertain.
How does CPF refund work under each form of co-ownership?
On sale, each co-owner must refund their CPF OA the amount withdrawn plus accrued interest. Under joint tenancy, proceeds are typically split equally. Under tenancy in common, refund obligations correspond to each owner’s defined share. If one tenant in common used more CPF than their share of proceeds covers, the co-owners must agree on allocation before the refund. The CPF Board calculates each member’s required refund independently.
ABSD Rates and the Decoupling Calculus (as of 2026-06)
Under the ABSD regime in force since 27 April 2023, Singapore Citizens pay 0% on their first residential property, 20% on their second, and 30% on their third and subsequent. PRs pay 5% on the first, 30% on the second, and 35% on the third and beyond. Foreigners pay 60% on any residential property. Crucially, both forms of co-ownership count as ownership for ABSD purposes — neither joint tenancy nor tenancy in common gives any ABSD advantage over the other by itself. What matters is whether one owner can exit the co-ownership cleanly before buying again.
Consider a married SC couple who jointly own a condominium worth S$1.8 million. They now want to purchase a second property at S$1.5 million. Without decoupling, one of them pays 20% ABSD on the new purchase: S$300,000. With decoupling — transferring one spouse's share to the other so the transferring spouse has zero ownership — the transferring spouse pays 0% ABSD on the new property. The BSD cost on the transferred share depends on the split held. At 50/50, BSD on S$900,000 (half of S$1.8M) is approximately S$21,600. The net saving is S$275,400 — before considering legal and CPF-refund costs. Under tenancy in common, no severance step is needed; under joint tenancy, severance costs an additional S$800–S$2,000 in legal fees and SLA registration before the transfer can proceed. That extra step is why buyers who anticipate decoupling are often advised to register as tenants in common from the outset.
CPF and Loan Implications
CPF usage is permitted under both holding forms, but the mechanics differ. Under joint tenancy, both co-owners may use their CPF Ordinary Account (OA) funds without a formal proportion — typically, each uses their OA in proportion to the mortgage they service. Under tenancy in common, CPF usage is formally capped at the co-owner's ownership percentage of the property's valuation limit. So a 40% tenant in common can use CPF OA funds up to 40% of the CPF Valuation Limit (the lower of purchase price or bank valuation). On the sale or full redemption of the property, CPF principal and accrued interest are refunded to each owner's OA in proportion to the amount each withdrew. This proportional refund under tenancy in common can affect the net cash proceeds each party receives — important in a split sale or divorce.
For HDB flats, the rules are more prescriptive. HDB flats owned by Singapore Citizens are generally held as joint tenancy by default; spouses buying together under a Family Scheme must hold jointly. Holding as tenants in common is available under specific HDB schemes (e.g., Fiance/Fiancee Scheme, some Single Schemes) but carries different eligibility implications. Always verify with HDB's flat eligibility guidelines before selecting the holding form for an HDB purchase.
Divorce and Severance of Interests
When a joint tenancy is severed — whether voluntarily by one party or by court order in divorce proceedings — it converts to a tenancy in common in equal shares. In divorce, the Women's Charter and the Family Justice Courts govern distribution of matrimonial assets; the court can order a sale and division of proceeds or a transfer of one party's share to the other. Regardless of whether the original holding was joint tenancy or tenancy in common, the court's power to divide the asset exists. However, the holding form affects the complexity of the order: under tenancy in common with clearly defined unequal shares, each party's baseline entitlement is documented. Under joint tenancy, the starting point for the court is the assumption of equal beneficial interest, subject to evidence of unequal contributions. For couples with significantly unequal contributions, documenting the split as a tenancy in common from the outset may simplify any future division. Explore price trends across districts at the price heatmap to see how asset values vary by location.
Step by step
- Clarify your future purchase plans before signing. If either co-owner intends to buy another residential property in the next five to ten years, register as tenants in common — not joint tenants. This preserves the ability to decouple without an intermediate severance step. If neither party has any second-property plan and your primary goal is seamless inheritance, joint tenancy is simpler.
- Choose your split ratio deliberately. If registering as tenants in common, decide whether the split should reflect financial contributions (e.g., 60/40 if one party provides a larger down payment) or future decoupling plans (e.g., 99/1 to minimise BSD on the transfer of the smaller share). Document in a co-ownership agreement any arrangement about mortgage servicing, rental income, and exit protocols.
- Run the stamp-duty numbers before the share transfer, not after. Use the stamp duty calculator to calculate BSD on the share being transferred under any proposed split. Then use the decoupling calculator to compare the BSD cost against the ABSD savings on the next purchase. The break-even analysis determines whether decoupling is financially worthwhile at all.
- Engage a conveyancing lawyer experienced in co-ownership structures. The lawyer will advise on the Land Titles Act implications, draft the instrument of transfer with the correct manner of holding, and flag any TDSR or LTV issues if one owner is removing themselves from the mortgage. Legal fees for a straightforward purchase with tenancy-in-common registration are typically S$2,500–S$4,500 for the full transaction.
- Draft or update your will if holding as tenants in common. Your share does not pass automatically on death — it falls into your estate. A professionally drafted will costs S$200–S$500 and is essential to ensure your share reaches your intended beneficiaries. Store the original with the Public Trustee or a licensed will custodian.
- If converting from joint tenancy to tenancy in common (severance): serve written notice on all other joint tenants, engage a lawyer to prepare the Declaration of Severance in registrable form under the Land Titles Act, and lodge it with SLA. The severance takes effect from the date of registration. Budget S$800–S$2,000 in legal and registration fees. The result is equal tenancy-in-common shares (e.g., two former joint tenants each hold 50%).
- For the actual share transfer (decoupling): obtain an independent valuation, calculate BSD payable on the transferred share using the higher of the transfer consideration or the market value, confirm CPF refund obligations with CPF Board, and ensure the transferee can qualify for any existing mortgage alone (or refinance to a new loan). IRAS requires the BSD to be stamped within 14 days of the transfer instrument being signed; late stamping attracts penalties of up to four times the duty payable.
- Muslim co-owners: verify faraid implications separately. The right of survivorship under joint tenancy may be overridden by faraid under the Administration of Muslim Law Act (AMLA). Consult a Syariah law practitioner in addition to your conveyancing lawyer. The Ministry of Law has guidance on estate administration for Muslims.
- Review the holding form after major life events. Marriage, divorce, birth of children, a business partnership ending, or a change in second-property plans are all triggers to reassess whether the current holding form still serves your needs. The cost of changing is modest if you act early; it becomes expensive if you are in the middle of a transaction or estate settlement.
Frequently asked questions
Can one joint tenant sever the joint tenancy without the other's consent?
Yes. Under Singapore's Land Titles Act, any joint tenant can unilaterally sever the joint tenancy by serving written notice on the other joint tenant(s) and registering a Declaration of Severance with SLA. The other party's consent is not required. Once registered, the severance is irrevocable and the parties become tenants in common in equal shares. Legal fees for unilateral severance typically run S$800–S$2,000. If the other party disputes the severance, they may seek legal advice but cannot reverse a validly registered severance.
Does my will override joint tenancy if I want the property to go to my children?
No. The right of survivorship operates by operation of law and takes precedence over a will. If you hold a property as a joint tenant and you die, your interest passes automatically to the surviving joint tenant(s) regardless of what your will says about that property. Your will simply has no legal effect on jointly held property. If you want to leave your share to your children or any other beneficiary, you must first sever the joint tenancy to become a tenant in common, then update your will to name the intended beneficiaries for your share.
Is the 99/1 tenancy-in-common split legal and how does IRAS view it?
A 99/1 split is a legal form of tenancy in common under the Land Titles Act and there is no statutory rule against it. However, IRAS has the power under the Stamp Duties Act to disregard arrangements that are artificial and lack genuine commercial substance, treating them as if the transfer were at full market value. Buyers who adopt a 99/1 split purely to minimise BSD on a later decoupling transfer — with no genuine reason for the unequal split — risk a re-assessment by IRAS. To reduce this risk, document the genuine rationale for the split (for example, reflecting actual financial contributions), obtain independent legal advice, and use the stamp duty calculator to understand the BSD exposure at different split ratios before proceeding.
How does the CPF refund work when a jointly held property is sold?
When a property is sold or the mortgage is fully redeemed, CPF principal and accrued interest must be refunded to each co-owner's CPF Ordinary Account. Under joint tenancy, the refund is typically proportional to the amount each co-owner withdrew from their own OA. Under tenancy in common, the same proportional refund applies based on actual CPF usage, not necessarily the ownership share. The CPF refund reduces the net cash each owner receives from the sale. If one owner has withdrawn significantly more CPF than the other, the party with the higher CPF usage will receive less net cash — a point that can be contentious in a divorce or a business-partner exit. Always check your CPF withdrawal statements well before a planned sale.
What happens to a tenancy-in-common share if the owner dies without a will?
If a tenant in common dies intestate (without a valid will), their share is distributed under the Intestate Succession Act (for non-Muslims). The Act distributes the estate in a fixed order: spouse and children first; if none, parents; if no parents, siblings; and so on. In practice, if the deceased was unmarried and childless, the share could pass to parents or siblings — people who may have no interest in co-owning a residential property and who may apply for a court order to sell the property and liquidate their inheritance. This can force a sale that the surviving co-owner does not want. A simple, professionally drafted will avoids this outcome entirely. For Muslim co-owners, the faraid rules under AMLA govern the distribution of the estate; consult a Syariah law practitioner.