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Joint Tenants vs. Tenants in Common in Ontario: How to Choose When You Buy With Family or Friends

10th August 2026BY Qasim Nihang

Joint Tenants vs. Tenants in Common in Ontario: How to Choose When You Buy With Family or Friends

This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions.

Quick Answer

The short version

In Ontario, joint tenants own the whole property together, and a deceased owner's interest may pass automatically to the survivors, outside the will. Tenants in common each hold a separate share that passes through their estate. Where a deed is silent, Ontario law typically presumes tenancy in common. Either way, a co-owner may apply to court to force a sale.

Why the Box You Tick at Closing May Matter for Decades

Buying a home with parents, siblings, or a close friend has become increasingly common across Toronto, Scarborough, and the wider Greater Toronto Area. Somewhere in the closing paperwork, a transfer document asks how you want to hold title — in other words, the legal ownership of the property. There are two options: take title as joint tenants, or as tenants in common.

Many co-buyers choose one without ever being told the difference. That single choice may shape three things years later: what happens to a co-owner's share when they die, what happens when one owner wants out, and what it may cost to unwind the arrangement.

This guide explains both structures, what Ontario law assumes if nobody says anything, and the written agreement that may prevent most co-ownership disputes. An Ontario real estate lawyer can walk through the choice before you sign.

4 conditions a joint tenancy typically requires, known as the four unities
3 routes by which a joint tenancy may be severed in Ontario
$4,000 maximum provincial land transfer tax refund for first-time buyers
$4,475 maximum City of Toronto municipal rebate, in addition to the provincial refund

Pick Your Path: Which Co-Owner Are You?

Different co-buyers face different risks. Find your situation below, then read the section that matters most for you.

Buying with a spouse or common-law partner

Joint tenancy is common here, but a home you both live in may also be a matrimonial home, which carries its own rules. Start with your rights in a matrimonial home.

Buying with a parent or an adult child

Often done to qualify for a mortgage. Read the survivorship section and the section on costs, because both may produce surprises.

Buying with siblings or friends

Contributions are rarely equal, and plans rarely stay the same. The sections on unequal shares and on wanting out are for you.

Inheriting a property together

You did not choose your co-owners. Read the section on forcing a sale first.

What Ontario Law Assumes if Your Deed Is Silent

Under section 13(1) of Ontario's Conveyancing and Law of Property Act, where land is transferred to two or more people, they are typically treated as tenants in common rather than joint tenants, unless the document sufficiently shows they intended to hold the property as joint tenants. In Ontario, silence on the transfer typically means separate shares.

This reverses the older common law rule, and it has applied in Ontario since 1834. In practice, a lawyer preparing your transfer should ask you directly and record the answer. If nobody asks, ask them. Add it to your closing checklist, because it may be far harder to change later.

What Is the Difference Between Joint Tenants and Tenants in Common?

Joint tenants own the whole property together in equal, undivided shares, with a right of survivorship. Tenants in common each own a separate, defined share that may be unequal, and there is no right of survivorship. Both types of co-owner have the right to use the entire property, and either may ask a court to order a sale.

A joint tenancy typically requires four conditions, often called the four unities:

  • •the owners take their interests at the same time,
  • •through the same document,
  • •in identical shares, and
  • •with an equal right to possess the whole property.

If any one of them is broken, the joint tenancy may end.

Tenancy in common requires only the last of these—the equal right to possess the whole property. That flexibility is why it suits co-buyers whose contributions differ. If one person puts in 70 per cent of the down payment and another puts in 30 per cent, title may reflect that split. A joint tenancy cannot, because every owner holds an identical interest.

A tenancy in common also allows each owner to direct their share through their own wills and estates planning.

Nihang Law Professional Corporation
Two Ways to Hold Title, Side by Side
The two structures differ on six separate points, not just on what happens when an owner dies.
The question Joint tenancy Tenants in common
What may happen to a share on death May pass to the surviving owners May form part of that owner's estate
Whether a will may govern that share A will may not be able to redirect it A will may direct where it goes
Whether shares may be unequal Interests are identical in every case Shares may be set in any proportion
Whether an owner may deal with their own share May be possible, and may sever the joint tenancy May be possible without affecting the other shares
Whether probate may apply to that share May not apply to that interest May be required
What Ontario presumes if the deed is silent Typically not presumed Typically presumed
Source: Conveyancing and Law of Property Act, R.S.O. 1990, c. C.34, s. 13 — ontario.ca/laws/statute/90c34 · Co-owning a home — ontario.ca/document/co-owning-home
Nihang Law Professional Corporation · Law Society of Ontario

How the Right of Survivorship May Override Your Will

The right of survivorship means that when a joint tenant dies, that owner's interest in the property may pass automatically to the surviving joint tenants. The interest typically does not form part of the deceased owner's estate. As such, a will may not be able to redirect it, and estate administration tax may not apply to it.

This is the point most co-buyers get wrong. For example, two sisters buy a property together as joint tenants. One later signs a will leaving "my half of the house" to her children. If the joint tenancy is still in place when she dies, her interest may pass to her sister instead, and the will may have no effect on it.

The Government of Ontario excludes jointly owned assets that automatically become assets of the other owner from the calculation of estate administration tax. That exclusion is why joint tenancy is sometimes used as estate planning, and why it can quietly undo one.

If your intentions have changed since you bought, changing your will in Ontario may not be enough on its own. How title is held may need to change too.

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What May Happen to a Co-Owner's Share on Death
One path may bypass the will entirely. The other runs through the estate. How title is held decides which one applies.
Path A
Held as joint tenants
The interest may pass to the surviving owners
▼
It typically does not form part of the estate
▼
A will may not be able to redirect it
▼
Probate may not apply to that interest
Path B
Held as tenants in common
The share may form part of that owner's estate
▼
A will may direct where it goes, or the Succession Law Reform Act may apply where there is no will
▼
Probate may be required
Source: Succession Law Reform Act, R.S.O. 1990, c. S.26 — canlii.org · Estate Administration Tax, assets excluded from the calculation — ontario.ca/page/estate-administration-tax
Nihang Law Professional Corporation · Law Society of Ontario

When One Co-Owner Wants Out and the Others Do Not

Under Ontario's Partition Act, a person with an interest in land may apply to the Superior Court of Justice to have the property divided or sold. Ontario courts have described this as a strong presumptive right. An owner who opposes the sale typically carries the burden of showing the request is malicious, vexatious, or oppressive.

This applies whether you hold as joint tenants or as tenants in common. Because physically dividing a house or condominium is rarely practical, a court may order a sale and direct how proceeds are handled. A co-owner does not need a majority share to apply.

The threshold for resisting an application is high. In Ross v. Luypaert, 2025 ONCA 236, the Court of Appeal for Ontario dismissed the appeal of a co-owner who had opposed a sale, and the parties seeking partition and sale succeeded.

One timing rule is worth knowing. Where land is held because of a will or intestacy, the Partition Act restricts proceedings until one year after death. If you are already in a disagreement, our property and real estate disputes team can explain the process.

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The Route to a Court-Ordered Sale
Forcing a sale is a court process with steps, not a form. Most co-owners resolve matters well before the later stages.
1
A written buy-out offer between co-owners
Most matters may be settled here, and this is the least costly point at which to settle one.
2
Independent legal advice for each owner
Each co-owner may want their own lawyer, since their interests may no longer align.
3
Mediation or a negotiated resolution
A negotiated outcome may preserve both the relationship and the value of the property.
4
An application to the Superior Court of Justice under the Partition Act
A person with an interest in the land may apply to have the property divided or sold.
5
The responding owner may oppose the application
An owner who opposes a sale typically carries the burden of showing the request is malicious, vexatious, or oppressive.
6
A court may order partition or sale
A court may also direct how the proceeds are handled between the co-owners.
Source: Partition Act, R.S.O. 1990, c. P.4 — ontario.ca/laws/statute/90p04 · Superior Court of Justice — ontariocourts.ca/scj. Every matter is different and no timeframe or cost is implied by this sequence.
Nihang Law Professional Corporation · Law Society of Ontario

How a Joint Tenancy May Be Severed

Severing a joint tenancy converts it into a tenancy in common and ends the right of survivorship. Ontario recognises three routes: one owner acting on their own share, all owners agreeing, or a course of dealing showing the owners treated their interests as separate shares.

The third route surprises people: severance may happen without a new document being registered, based on how the owners behaved. In Hansen Estate v. Hansen, 2012 ONCA 112, the Court of Appeal for Ontario allowed the appeal and found the joint tenancy had been severed by a course of dealing. Therefore, the deceased owner's share formed part of his estate.

Because severance may happen quietly, it is worth checking what the title says rather than assuming. Disputes about this often surface after a death, as estate litigation.

Costs, Taxes, and Rebates Co-Buyers Often Miss

Land transfer tax may apply when one co-owner later buys out another, because transferring an interest in land is a conveyance. In the City of Toronto, a municipal land transfer tax may apply on top of the provincial tax. Buying with someone who is not a first-time buyer may also reduce a refund you expected.

Where co-purchasers are not spouses and one is not a first-time buyer, the provincial refund may be reduced in proportion to the interest acquired by those who qualify. Ontario's guidance uses a parent and child buying 50/50, where the child may claim half. Our guides to first-time home buyer rebates and how land transfer tax is calculated cover the rest.

Capital gains and the principal residence exemption may also be affected, particularly where an owner does not live in the home. Ask an accountant.

Nihang Law Professional Corporation
How Co-Buying May Reduce the First-Time Buyer Refund
Where co-purchasers are not spouses of one another and one is not a first-time buyer, the provincial refund may be reduced in proportion to the interest held by those who qualify.
$4,000
Maximum provincial refund, anywhere in Ontario
$4,475
Maximum municipal rebate, City of Toronto only, in addition to the provincial refund
50%
Ontario's own example: a child buying equally with a parent may claim half
Source: Land transfer tax refunds for first-time homebuyers — ontario.ca/document/land-transfer-tax/land-transfer-tax-refunds-first-time-homebuyers · Municipal Land Transfer Tax rebate opportunities — toronto.ca. Figures are the published maximums and are not a calculation of any individual purchase. Tax questions should be put to an accountant.
Nihang Law Professional Corporation · Law Society of Ontario

Steps to Take Before You Sign

Most co-ownership disputes trace back to a conversation nobody had. Taking these steps in order, before the deal closes, may prevent them.

  1. 1
    Talk about money firstAgree who is contributing what and whether contributions are equal before you start looking at homes.
  2. 2
    Choose your structure deliberatelyDecide between joint tenancy and tenancy in common based on what should happen when someone dies.
  3. 3
    Get the choice onto the transferConfirm in writing that your lawyer has recorded the structure you chose on the transfer document.
  4. 4
    Sign a co-ownership agreementCover contributions, occupancy, expenses, repairs, valuation, and what happens if someone wants out.
  5. 5
    Get independent legal adviceEach co-owner should have their own lawyer review the agreement, which helps it hold up if it is ever challenged.
  6. 6
    Update your willsMake sure your estate plan matches how title is actually held.

An Ontario real estate lawyer can handle the purchase and the agreement together.

Common Mistakes Co-Buyers Make

  • •Assuming joint tenancy is automatic for family. In Ontario, the presumption typically runs the other way, so the transfer needs to say what you intend.
  • •Skipping the co-ownership agreement. Raising it feels like distrust, and its absence is the single most common reason co-owners end up in court.
  • •Believing a will fixes everything. A will may not reach an interest that passes by survivorship.
  • •Splitting title 50/50 when contributions were not equal. Title that does not match reality invites a dispute later.
  • •Adding an adult child to title without advice. This may raise questions about whether a gift was intended, and may carry tax consequences.
  • •Never checking the title again. Ownership may have been severed years ago without anyone mentioning it.

Several of these overlap with the common mistakes first-time buyers make.

Frequently Asked Questions

If my brother and I own the house together and he dies, does his half come to me?

It depends on how title is held. If you own as joint tenants, his interest may pass automatically to you as the surviving owner. If you own as tenants in common, his share may instead form part of his estate.

Can my will leave my half of the house to my children if I own it jointly?

Often it cannot. Where a joint tenancy has not been severed, your interest may pass to the surviving joint tenants outside your estate, and your will may not redirect it. Severing the joint tenancy is the usual mechanism, and is worth getting legal advice on.

Can one owner force the sale of a house in Ontario?

A co-owner may apply to the Superior Court of Justice under the Partition Act to have the property divided or sold. Ontario courts treat this as a strong presumptive right, though a court may refuse where an application is malicious, vexatious, or oppressive.

What happens if I buy a house with my parents and they die?

That depends on how title is held and on who else stands to inherit. If a parent gratuitously added you to title, questions may also arise about whether a gift was intended. Where a share falls into an estate, probate may be required.

Do I lose my first-time home buyer rebate if I buy with my dad?

Not necessarily, but it may be reduced. Where co-purchasers are not spouses and one is not a first-time buyer, the provincial refund may be reduced in proportion to the qualifying owner's interest. On an equal 50/50 purchase, a qualifying child may claim half.

Can I change from joint tenants to tenants in common without telling my co-owner?

Ontario recognises severance by an owner acting on their own share, which means a joint tenancy may end without every owner knowing at the time. This is one reason to check what the title says rather than assume, and to get legal advice first.

What should a co-ownership agreement cover?

At minimum: each owner's contribution and share, who may live there, how expenses and repairs are shared, how the property is valued, what happens if an owner wants out, and what happens on death or separation. A lawyer can tailor it.

Talk to an Ontario Real Estate Lawyer Before You Choose

How you hold title is a small decision on closing day and a large one afterwards. Joint tenancy may move a share automatically to the survivors, tenancy in common may keep it inside an estate, and either way a co-owner may ask a court to order a sale. A written agreement signed early is usually what prevents that.

Qasim Ali, Principal Lawyer, and the Nihang Law real estate team help families and friends across Toronto, Scarborough, and the GTA structure co-ownership properly from the start.

Buying a home with someone else?

Nihang Law helps families and friends across Toronto, Scarborough, and the Greater Toronto Area structure co-ownership properly from the start.

Contact Nihang Law

This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions. Nihang Law Professional Corporation is regulated by the Law Society of Ontario.

Qasim Ali — Principal Lawyer at Nihang Law Professional Corporation

About the author

Qasim Ali

Principal Lawyer · Nihang Law Professional Corporation · Toronto & Scarborough, Ontario · Law Society of Ontario

Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, civil litigation, employment law, wills and estates, and business law.

Nihang Law is particularly recognized for its depth in immigration and real estate law, a combination that serves newcomers and growing families navigating both legal systems at once.

Sources and references

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