How do I sever a joint tenancy in Ontario, and what happens after?

A joint tenancy can be broken — "severed" — at any point before a co-owner dies, converting it into a tenancy in common. Severance matters because it cancels the right of survivorship: once severed, each owner's share passes through their own estate instead of automatically to the survivor.

Ontario recognizes three ways to sever a joint tenancy. The most common is a unilateral transfer: one joint tenant transfers their interest to themselves (or to a nominee and back), registering a tenancy in common without needing the other owner's consent or even their knowledge. Severance can also happen by mutual agreement between the co-owners, or by a course of dealing showing both parties treated their shares as separate — for example, each mortgaging their share independently.

People sever a joint tenancy for practical reasons: a marriage or relationship is ending and neither owner wants the other inheriting automatically, one owner wants to leave their share to children from a prior relationship rather than the co-owner, or co-owners are business partners rather than family who each want independent estate planning. Once severed, register the change on title promptly — an unregistered severance can create disputes about which rule applied at the moment of death.

If you are considering severing a joint tenancy, talk to a lawyer first — the timing relative to a co-owner's death can be legally significant.