What is the difference between joint tenancy and tenants in common in Ontario?

Both are ways to own property with another person, but they differ in what happens when one owner dies and how freely each owner can deal with their share.

Joint tenancy includes a right of survivorship: when one joint tenant dies, their interest passes automatically to the surviving joint tenant(s) outside the estate and without probate. The shares must be equal. This is common between spouses who want their home to pass simply to the survivor.

Tenants in common hold separate, undivided shares that can be unequal (e.g., 60/40). Each owner's share forms part of their estate on death and passes according to their will or the intestacy rules — it does not automatically go to the other co-owner. Tenants in common can also sell or mortgage their individual share without the other's consent (subject to any co-ownership agreement).

In Ontario, a joint tenancy can be "severed" — converted into a tenancy in common — by one joint tenant transferring their interest to themselves, which breaks the right of survivorship. This can be done unilaterally and does not require the other owner's consent, though proper registration is required.

Choosing the right form of co-ownership has estate, tax, and practical implications, so it is worth discussing with a lawyer before title is taken.