Can I Change Joint Tenancy to Tenants in Common in Ontario Without the Other Owner's Consent?
Yes, in most cases a joint tenant can end the joint tenancy alone, without the other owner's consent. The owner signs and registers a transfer to themselves, because a person may convey property to themselves as they could to another person. By default, land granted to two or more people is held as tenants in common unless the document shows an intention to create a joint tenancy, even for spouses.
Once a self-transfer is registered in the land titles system, the registrar shows the transferee as a tenant in common with the other registered owners, and the right of survivorship ends for that share. Registering a mortgage signed by fewer than all the joint tenants does not automatically sever the joint tenancy; severance happens if the lender later uses power of sale or forecloses after default.
Married spouses face an extra step. A spouse may not dispose of or encumber an interest in a matrimonial home unless the other spouse joins or consents, has released their rights by separation agreement, or a court order authorizes it. Current electronic registration requirements should be confirmed with a lawyer before you register.
Key takeaways
- A joint tenant can generally sever the joint tenancy alone by signing and registering a transfer to themselves, without the other owner's consent.
- After a self-transfer is registered in the land titles system, the registrar shows the transferee as a tenant in common and survivorship ends for that share.
- A mortgage signed by fewer than all the joint tenants does not automatically sever the joint tenancy.
- If the property is a matrimonial home, a spouse generally needs the other spouse's consent, a release, or a court order before disposing of or encumbering an interest.