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  • Joint ownership

    When you share the ownership of a CGT asset with others, you need to establish each owner’s share or interest in it.

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    Tenants in common

    Individuals who own an asset as tenants in common may hold unequal interests in it. Each owner makes a capital gain or loss from a CGT event in line with their interest.

    For example, a couple could own a rental property as tenants in common with one having a 20% interest and the other having an 80% interest. When they sell the rental property (or any other CGT event happens), they split the capital gain or loss between them according to their legal interest.

    Joint tenants

    For CGT purposes, joint tenants are treated as tenants in common having equal shares in the asset. Each party therefore has an equal share of any capital gain or loss from a CGT event. For example, a couple that owns a rental property as joint tenants splits the capital gain or loss equally when they sell the property.

    When one joint tenant dies, their interest in the asset is taken to have been acquired in equal shares by the surviving joint tenants on the date of death.

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    For CGT purposes, a partnership does not itself own assets. Instead, each partner owns a proportion of each CGT asset. The partners use their proportion to work out their capital gain or loss from a CGT event affecting any asset.

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    Last modified: 01 Jul 2020QC 22150