Can a Joint Tenancy Be Severed Before Death in Ontario, and What Happens to Survivorship?

Yes. A joint tenant can generally end a joint tenancy before death, and once it is ended the share no longer passes by survivorship. The statutory routes to sever by deed are a person conveying property to themselves in the same way they could convey it to another person, and two or more owners conveying to one or more of themselves. A tenant in common's share does not pass by survivorship, and the estate's representatives deal with it on death.

The Conveyancing and Law of Property Act gives a joint tenant statutory routes to sever by deed, such as conveying property to yourself or to one or more of the other owners. A conveyance between co-owners can be set aside if a fiduciary relationship or another factor prevents it. Separately, any joint tenant or tenant in common may be compelled to make or suffer partition or sale, and any interested person may apply to the court. If the home is a matrimonial home, a spouse may not sell or mortgage an interest without the other spouse's consent or another listed exception.

Severing can have family-law consequences, and a poorly done step can be challenged, so confirm the right method for your situation with a lawyer before you act.