Transfers by joint tenants

Examples to demonstrate what may happen when transferring shares in a joint tenancy.

Example 1: Brian, Rosalind and Michael

Brian Tweedie, Rosalind Tweedie and Michael Hanson jointly own a ½ share in the affected title and TH Holdings Limited owns the other ½ share. Rosalind is transferring her share equally to Brian and Michael.

Existing shares

  • Brian Tweedie, Rosalind Tweedie and Michael Hanson jointly own a ½ share.
  • TH Holdings Limited own a ½ share.

Transferring shares to

Rosalind is transferring her interest in the ½ share equally to Brian and Michael. Rosalind is therefore transferring ⅓ of a ½ share, or a ⅙ share.
 

image showing the transferors in the dealing. Rosalind Tweedie is ticked and her share shows as 1/6.

 

image showing the transferees in the dealing. Brian Tweedie and Michael Hanson are listed as joint tenants.

Remainder

The transfer severs the joint tenancy between Brian, Rosalind, and Micahel as to Rosalind's interest. Brian and Michael continue to jointly hold the remaining ⅓ share from the original joint tenancy. They now also jointly hold a ⅙ share from Rosalind.

The resulting ownership is:

  • Brian Tweedie and Michael Hanson jointly own a ⅓ share.
  • Brian Tweedie and Michael Hanson jointly own a ⅙ share.
  • TH Holdings Limited own a ½ share.

It is not possible in this context to request the amalgamation of the existing ⅓ share with the newly acquired ⅙ share. For more information, see Transfers with requests to amalgamate shares

However, the transfer can be structured to have a similar effect, if desired. In this example Brian, Michael and Rosalind could together transfer their ½ share to Brian and Michael jointly, which would result in Brian and Michael owning the full ½ share jointly.

Save the page to view the Resulting Ownership in the Summary tab and confirm you have set up the Transfer to achieve the intended ownership structure.
 

image showing the resulting ownership created by the transfer. A pie chart displays the proprtion of shares each party will hold.

Example 2: John and Jenny

John and Jenny Davies have a joint tenancy of a ½ share in the affected title and Davies Limited owns the other ½ share. 

John Davies is breaking the joint tenancy and transferring his ¼ share to Davies Limited

Existing shares

  • John and Jenny Davies jointly own a ½ share.
  • Davies Limited own a ½ share.

Transferring shares to

John is transferring his full interest in the ½ share he jointly owns with Jenny to Davies Limited. His interest is a ¼ share.
 

Example of shares for transferor.

 

Example of corporate transferee

Remainder

John is breaking the joint tenancy he has with Jenny by transferring his ¼ share to Davies Limited. Davies Limited will now be tenants in common with Jenny as to her remaining share.

The resulting ownership is:

  • Jenny Davies owns a ¼ share.
  • Davies Limited own a ¼ share.
  • Davies Limited own a ½ share.

Save the page to view the Resulting Ownership in the Summary tab and confirm you have set up the Transfer correctly.

Use the Additional Clauses/Conditions or Intent field to request the combination of the ¼ and ½ shares in the title for Davies Limited, if needed. This means the instrument lodges with LINZ for registration.
 

Example of pie chart to show shares.
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