What Are the Most Common Problems With Tenants in Common in Ontario?

The most common problems between tenants in common are disputes over who pays the mortgage, repairs and carrying costs, a co-owner who wants out, and a co-owner who will not agree to sell. The law gives you options, but the right one depends on your written agreement, the title and the facts.

Unless the document shows an intention to create a joint tenancy, land granted to two or more people goes to them as tenants in common, even if they are spouses. On a mortgage, the covenants in a registered charge, including paying the money, are made by several chargors jointly and severally unless the charge says otherwise, so each co-owner can be liable for the whole debt.

If a co-owner will not sell, any person interested in land in Ontario may bring an action or application for partition, and the court may order a sale instead. The Court of Appeal for Ontario holds that co-owners have a prima facie right to force a sale. Where land passed by will or on intestacy, no partition proceeding may be taken until one year after the death. A spouse may not dispose of or encumber a matrimonial home without the other spouse's consent, a release, or a court order.