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The Global Insight

Does a jointly owned property form part of an estate?

Author

Robert Miller

Updated on March 11, 2026

Jointly owned property Property owned as joint tenants does not form part of a deceased person’s estate on death. But the value of the deceased person’s share of jointly owned property is included when calculating the value of the estate for Inheritance Tax purposes.

What happens to a jointly owned property when someone dies?

When one co-owner dies, property that was held in joint tenancy with the right of survivorship automatically belongs to the surviving owner (or owners). The owners are called joint tenants.

What is the primary reason to own a property jointly?

Joint tenancy is commonly used to avoid probate, a lengthy, costly, and public process of distributing the deceased’s assets in court.

Can a sister own a house and live rent free?

This is the more likely possibility, although it isn’t possible to know for sure without examining the deed by which your sister took title. If the house was titled in tenancy in common, then she owns an undivided 50% of the house, and the remainder is divided as set forth in the Will. Any tenant in common is entitled to use the property rent free.

When do brothers and sisters fight over jointly owned property?

One of the most common types of property disputes over the course of US history is when brothers and sisters own property jointly but have disagreements over any number of issues regarding the property.

Can you write off your sister’s share of property taxes?

If you and your sister own the property jointly, put down the same amount of money, and take out a mortgage with both of your names on it, you should each be able to write off your share of the mortgage insurance and property taxes.

How much does my sister pay in rent?

For 2 years, she has not had to pay rent or a mortgage payment. I believe she should be paying me an amount every month that is half of the fair market rent, which is $1950.