What are the different legal methods a spouse can use to sever a joint tenancy in Ontario?

Ontario property law generally recognizes a few accepted ways to sever a joint tenancy, converting it from a right of survivorship arrangement into a tenancy in common with defined shares. One is a unilateral act by one owner affecting only their own interest, most commonly transferring their share to themselves or into another arrangement that has the legal effect of ending the joint tenancy, without needing the other owner's agreement. Another is a mutual agreement between the owners, where they expressly agree to hold the property as tenants in common instead. A third is a course of dealing between the owners that shows they've been treating their interests as separate, even without a single formal document doing so.

Which method applies, and whether it was actually carried out effectively, depends heavily on the specific facts and documentation, and disputes sometimes arise over whether a particular course of conduct really amounted to severance. Where the property is also a matrimonial home, severance can intersect with separate family law protections in ways that add complexity. Anyone considering severing a joint tenancy, particularly during a separation, should get legal advice on the right method and how to document it properly, rather than relying on an informal or ambiguous approach.