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Understanding Joint Tenancy and How to Sever It in Ontario
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Taimoor Qureshi
November 27, 2025
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Joint-Tenancy is a type of an ownership capacity via which individuals may obtain ownership interest in a real estate property in Ontario.
For example, A and B own a real estate property via registered interest on title as joint-tenants. What that means is that A and B own 100% registered interest in that property together with a right of survivorship.
In the event A passes away, by automatic right of survivorship, the entire ownership of the property transfers to B and vice versa in the event B predeceases A.
This method of taking title is usually most common between spouses who own real estate properties together, especially for any owned real estate property that they are using as their matrimonial home.
So, what happens if the relationship between A and B starts to deteriorate and one of them wants to protect their ownership interest in the registered property?
For example, if A no longer wishes to have registered interest in the real estate property with B as joint-tenants, is there a way for A to protect A’s ownership interest?
Yes, in such a scenario, A without the consent of B can protect A’s interest by severing the joint-tenancy. This procedure allows A to register an interest on title to sever the joint-tenancy, and upon the registration of such an interest on title, the ownership capacity between A and B coverts from a joint-tenancy with automatic right of survivorship to an ownership interest under which each of them owns 50% registered interest on title as tenants-in-common.
Tenants-in-common is another type of ownership capacity via which individuals may obtain ownership interest in a real estate property in Ontario.
For example, A and B own real estate property as tenants-in-common, with 50% registered interest each, in the event A passes away, A’s registered interest in the property does not automatically pass on to B. Instead, A’s estate has to get probated via the applicable estates court and upon the probate process for A’s estate being completed, A’s registered interest in the property is passed on to the beneficiaries of A’s estate.
It is important to keep in mind that by severing a joint-tenancy, one party cannot automatically gain more ownership interest in the property than the party from whom they are severing joint-tenancy, unless done so via a court order.
For more information about this topic, please feel free to contact one of our lawyers!
Taimoor’s practice areas include Commercial law; Commercial Leasing; Corporate law; Mortgages; Residential Real Estate; and Wills and Estates.Taimoor was called to the Bar of Ontario and joined Kormans LLP in January 2019.Prior to joining Kormans LLP, Taimoor articled and clerked for boutique law firms where his exposure to residential and commercial matters from beginning to end helped develop his knowledge and skills in the aforementioned areas of la.
Taimoor is a strong believer in efficient client communication and does his best to keep clients as up to date as possible along all steps of a transaction.In his spare time, Taimoor is an avid follower of all major sports and enjoying the outdoors during the summer months.
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