Can I Sell My Share of a Tenants in Common Property in Ontario Without the Co-Owner's Approval?

Whether you can sell your share alone depends on the facts. Whether a tenant in common can sell or mortgage their share alone rests largely on common law rather than a single statute, and your co-ownership agreement may add limits, so confirm your situation with a lawyer before you list it. If the home is a matrimonial home, a spouse may not dispose of or encumber an interest in it unless the other spouse joins or consents, has released their rights by separation agreement, or a court order authorizes it.

How a sale of your share would affect the buyer depends on your situation, so it is worth confirming with a lawyer. If the property is rented, a buyer takes it subject to the existing tenancy and its terms. A mortgage can matter too: where several owners sign the same charge, each can be liable for the whole debt unless the charge says otherwise.

If co-owners cannot agree, tenants in common can be compelled to make or suffer partition or sale of the land. Where the land was inherited, no partition proceeding may be taken until one year after the death.