Two people can hold the same title in two very different ways. The choice decides who inherits, whether probate applies, and whether either of you can sell without the other’s signature.
| Joint tenants | Tenants in common | |
|---|---|---|
| Shares | Always equal | Any split – 50/50, 70/30, 99/1 |
| On death | Passes automatically to the survivor | Passes to the deceased’s estate |
| Can you will your share? | No | Yes |
| Probate on that share | Not required | Usually required |
| Sell your share alone? | No – it severs the joint tenancy | Yes |
| Creditors can reach | The whole interest | Only that owner’s share |
| Typical use | Married and long-term couples | Friends, siblings, investors, second marriages |
The default in Ontario is not what most people assume
Under section 13(1) of the Conveyancing and Law of Property Act, when land is transferred to two or more people they take as tenants in common unless the document expressly says “joint tenants.”
There is no spousal exception. A married couple whose deed is silent owns as tenants in common, and the survivor does not automatically inherit – the deceased’s half goes to their estate. Couples assume otherwise because conveyancers almost always write “as joint tenants” for spouses, so the intended result usually happens. When it does not, the family finds out at the worst possible moment.
Pull your deed and read the words. If you cannot find “joint tenants” on it, you are tenants in common today.
Joint tenancy and the right of survivorship
Survivorship is the whole point. When one joint tenant dies, their interest does not pass under the will – it evaporates, and the survivors own the whole. The property never enters the estate, so there is no probate on it and no estate administration tax, which in Ontario runs $15 per $1,000 of estate value above $50,000 (the first $50,000 is exempt).
Survivorship also beats the will. A will leaving “my half of the house to my daughter” does nothing if the house is held in joint tenancy. The co-owner takes it. This is the single most common estate-planning failure in Ontario real estate.
Where joint tenancy goes wrong:
- Second marriages. You want your share to reach your children from a first marriage. Joint tenancy sends it to your new spouse, who is under no obligation to pass it on.
- Unequal contributions. One of you put in the down payment. Joint tenancy records that as 50/50 regardless.
- Adding an adult child to title. Convenient for probate, but their share is now exposed to their creditors and their divorce, and you cannot sell or refinance without their signature.
- Creditor exposure. A judgment against one joint tenant can be enforced against the interest in the property, and there is no divided share to confine it to.
Tenants in common: shares you actually control
Each owner holds a defined percentage and can deal with it independently. You can will it, mortgage it, or sell it – though the practical market for a fractional interest in a house is close to nonexistent, so the real exit is usually a partition and sale application, which any co-owner can bring to force a sale of the whole property.
Tenants in common problems cluster in three places:
- Your co-owner’s heirs become your co-owners. A friend dies and you now own a house with their brother, who wants to sell.
- Deadlock. One wants out, one does not. The court route works but costs both of you.
- Cost sharing. Unequal shares raise fair questions about who pays for the roof. Nothing in the title answers them.
The fix for all three is a co-ownership agreement signed at purchase: how expenses split, what happens on death, and a buy-sell mechanism giving the other owner first right to purchase. It is a fraction of the cost of a partition action.
How to change joint tenancy to tenants in common in Ontario
Severance converts a joint tenancy to a tenancy in common. It is one of the few things in property law you can do unilaterally – you do not need your co-owner’s consent, and in most cases you do not need to tell them in advance.
The usual route is a transfer registered on title, from yourself to yourself, expressly severing the joint tenancy. Registration through the electronic land registration system is what makes it effective against third parties; a lawyer must sign it electronically. Once registered, the two of you hold as tenants in common, normally 50/50 unless a different split is registered.
People sever when:
- A relationship ends and neither wants the other to inherit by accident.
- Estate plans change – you now want your share to go to your children.
- One owner’s creditor risk has increased.
Timing matters. Severance only works while you are alive. If your co-owner dies first and the joint tenancy is intact, survivorship has already operated and there is nothing left to sever. Separating couples who “will deal with the title later” are the ones this catches.
Going the other way – tenants in common to joint tenancy – needs everyone to agree and a new transfer registered. Get advice first: changing the shares can be a partial disposition for tax purposes, and land transfer tax can apply if any consideration passes.
Which should you choose?
Choose joint tenancy if you are a couple with shared finances and the same intended beneficiaries, you want the survivor to take the property without probate, and you are comfortable that your share goes to your co-owner no matter what your will says.
Choose tenants in common if contributions are unequal, you have children from a previous relationship, you are buying with friends or as an investment, or you want your share to follow your will.
Two questions settle it for most people: Do I want my co-owner to inherit my share automatically? and Did we contribute equally? Two yeses point to joint tenancy. Anything else points to tenants in common plus a co-ownership agreement.
Frequently asked questions
Is it better to be joint owners or tenants in common? Joint tenancy suits couples with shared finances and the same beneficiaries who want the survivor to take the property without probate. Tenants in common suits unequal contributions, blended families, friends and investors.
What are the disadvantages of joint tenancy? Shares are always equal regardless of who paid, you cannot leave your share to anyone in your will, you cannot sell or refinance without every owner’s signature, and a co-owner’s creditor can reach the interest in the property.
Are there disadvantages to tenants in common? Yes – no right of survivorship, so a deceased owner’s share goes to their estate and their heirs become your co-owners. Probate applies to that share, and a deadlock between owners can end in a court-ordered sale.
How do tenants in common protect you? Your share is defined, it follows your will rather than passing automatically to your co-owner, a creditor of another owner can reach only their portion, and the split can reflect what each person actually contributed.
Why change from joint tenants to tenants in common? Usually a separation, a change in estate plans, or one owner’s creditor risk increasing. Severance is the mechanism, and it works only while both owners are alive – if your co-owner dies first with the joint tenancy intact, survivorship has already operated.
Can I change from joint tenancy to tenancy in common? Yes, unilaterally. You do not need your co-owner’s consent, and generally do not have to tell them first. A transfer severing the joint tenancy is registered electronically on title by a lawyer.
Can a tenant in common sell their share in Ontario? Legally yes, though the market for a fractional interest in a house is close to nonexistent. The realistic exit is a partition and sale application, which any co-owner can bring to force a sale of the whole property.
Is my common-law partner entitled to half my house in Ontario? Not automatically. Ontario’s equalization rules on separation apply to married spouses only. A common-law partner who contributed can bring a constructive trust or unjust enrichment claim, but that is litigation, not an entitlement.
Get the title wording right the first time
Zinati Kay registers title for buyers across the GTA with fixed closing costs and remote signing province-wide. Whether you are buying together, severing a joint tenancy, or checking what your existing deed actually says, we will confirm it in writing before it matters.
416-321-8766 · john@zinatikay.com
General information about Ontario law as of August 2026. Not legal advice.