At law there is a presumption that where property is gifted to two or more people, they receive that property as joint tenants (subject to any contrary intention).
A number of jurisdictions have also enacted legislation confirming this outcome, including Western Australia, South Australia and Victoria.
In New South Wales and Queensland however there is legislation that ‘flips’ the position at law.
This means that where real property is gifted to two or more people in those jurisdictions it will be deemed to pass to the parties as tenants in common, in equal shares.
** for the trainspotters, the title today is riffed from the Midnight Oil song ‘Blot’. View hear (sic):