Why Severing the Joint Tenancy on Your Family Home Could Be One of the Smartest Things You Do Before Retirement
Most New Zealand couples own their family home as joint tenants. It feels natural — you built it together, you live in it together, and when one of you passes away, it automatically transfers to the other.
Simple. Clean. No fuss.
But for couples thinking about retirement, residential care, and what happens to their estate — joint tenancy isn't always the right structure. And in some situations, it can leave one spouse significantly worse off.
Here's what to understand.
What Joint Tenancy Actually Means
When you own a property as joint tenants, you don't each own a defined share. You both own the whole property together, and when one owner dies, their interest automatically passes to the surviving owner — regardless of what their will says.
This is called the right of survivorship.
For many couples, this is exactly what they want. But it creates a problem when residential care enters the picture.
The Residential Care Problem
If one spouse needs to move into residential care — a rest home or hospital-level care — the government assesses their assets to determine how much they need to contribute to the cost of that care.
Under current WINZ means testing rules, the family home is treated differently depending on whether the other spouse is still living in it.
If the partner remains living at home, the property is generally exempt from the asset assessment — up to a certain threshold. But if both spouses enter care, or the home is sold, the full value of the property can be counted as an asset.
This is where the structure of ownership matters enormously.
Severing the Joint Tenancy — What It Means and Why It Helps
Severing a joint tenancy means converting the ownership from joint tenancy to tenants in common. Each spouse now owns a defined share — typically 50/50 — and that share can be dealt with separately in their will.
Why does this matter for residential care?
Because when the first spouse passes away, their share of the property doesn't automatically transfer to the surviving spouse. Instead, it passes according to their will — which might direct it into a trust, or grant a life interest to the surviving spouse.
Life Interests — The Protective Structure
A life interest is a right granted to a person to live in or benefit from a property for the rest of their life, without owning it outright.
Here's how it works in practice.
When the first spouse dies, their share of the home passes — not to the surviving spouse outright — but into a structure that grants the surviving spouse a life interest. They can continue living in the home for the rest of their life. But they don't own that share of the property.
Why does this matter?
Because when the surviving spouse later applies for residential care assistance, the share of the property that passed through the deceased spouse's estate — and is now held subject to the life interest — may not be counted as an asset in the means test.
This can make a significant difference to how much residential care assistance the surviving spouse qualifies for.
A Real Example
Take a couple in their early 70s — John and Margaret. They own their family home jointly, worth $900,000.
John passes away first. Under a standard joint tenancy, his share automatically transfers to Margaret. She now owns the whole property outright. Years later, Margaret's health declines and she moves into residential care. At that point, the full value of the home is counted as her asset in the WINZ means test — and she's required to contribute significantly toward her care costs before any assistance kicks in.
Now consider what happens if John and Margaret had severed the joint tenancy earlier and John's will directed his share into a trust with a life interest for Margaret.
When John dies, his share passes into the trust. Margaret has a life interest — she continues living in the family home exactly as before. Nothing changes day to day.
When Margaret eventually moves into residential care, the life interest expires. She's no longer living in the home, so the right to occupy it ends. John's share then passes to the beneficiaries of his estate — typically the children.
Crucially, because Margaret never owned John's share outright, that share is not counted as her asset in the residential care means test. Margaret still needs to exhaust her own savings and cash assets down to the current WINZ threshold — but John's share of the home is protected.
Over a residential care stay of several years, the difference can be tens of thousands of dollars — sometimes significantly more depending on the property value and length of care required.
When Should You Think About This?
Ideally, before either spouse has any health concerns. Once someone is already in care or has been assessed, the options narrow significantly and there are look-back rules that can apply.
If you're in your 50s or 60s and haven't reviewed your ownership structure, it's worth doing now — while all options are available and there's no urgency or pressure.
Key triggers to act:
You've never reviewed how your home is owned
One or both of you has a family history of conditions requiring long-term care
You're approaching retirement and thinking about estate planning
You have children from a previous relationship and want to make sure their inheritance is protected
Getting It Right
Severing a joint tenancy and putting a life interest structure in place involves legal documentation and should be done properly. It also needs to work alongside your will, any trusts you have, and your overall estate plan.
This isn't something to DIY. But it also isn't as complicated or expensive as most people assume.
If you'd like to understand whether this structure makes sense for your situation, book a no-obligation strategy session. We'll look at the full picture and point you in the right direction.
Protection Partners Limited is a referral service. We connect New Zealanders with trusted legal and advisory partners. We do not provide legal advice. Independent legal advice is recommended before making any changes to property ownership or estate planning structures.




