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Buying Out a Co-Owner's Share of a House in Ontario

See how a buyout of a co-owner's share works in Ontario: valuation, financing, land transfer tax, and the transfer itself after a split or sibling dispute.

Real Estate5 min readTSLBy the Treadstone Law Team · OntarioUpdated October 28, 2026
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Key takeaways
  • When you pay a co-owner for their share, the amount paid and any mortgage assumed is consideration for land transfer tax.
  • Assumed liabilities count as consideration, and an outstanding encumbrance is taxed regardless of the relationship between the parties, with limited spousal exceptions.
  • Spousal transfers can be exempt if they comply with a written separation agreement or court order.
  • Only authorized Teraview account holders and their registered users can submit documents electronically.

After a separation, or when siblings inherit or buy a home together, one person often wants to keep the house and pay the other out. A buyout can avoid a forced sale, but it involves several moving parts: agreeing on a value, finding the money, and transferring title properly.

This article walks through those parts in plain language. The details depend on your family situation, your mortgage and how title is held, so a lawyer should review your specific facts.

The basic steps of a buyout

If you cannot agree, a court can order a sale unless one owner buys the other out. The Court of Appeal has upheld an order of that kind.

Valuation and the buyout number

The usual approach is to take the home's agreed value, subtract what is owing on the mortgage and other debts secured on it, and divide the remaining equity according to each person's share. The result is the amount the keeping owner pays. Owners sometimes disagree about adjustments, such as who paid down the mortgage or funded renovations, and those points should be settled in writing.

Two independent appraisals, or a single appraiser both sides accept, can reduce disputes. If the buyout is part of a separation, the figure is normally part of the wider settlement.

Mortgage and financing

If the existing mortgage is in both names, the departing owner usually wants to be released. Whether and how that can happen depends on your mortgage and your lender, so it is worth confirming with your lender and a lawyer. The lender will look at your income and credit on your own, so speak to a mortgage professional early. Whether your lender or title insurer has requirements for a family transfer is something to confirm with them and your lawyer.

Land transfer tax on a buyout

Land transfer tax is payable by the person who acquires the land or a beneficial interest in it, and it is payable when the transfer is registered. It is normally based on the amount paid, and any mortgage or debt the buyer assumes is added. Consideration includes the assumption of liabilities. An outstanding encumbrance is taxed as consideration regardless of the relationship between the parties, except for certain spousal transfers.

Provincial rates run from 0.5% on the first $55,000 up to 2.5% on the portion over $2,000,000 for land with one or two single family residences. A municipal land transfer tax may also apply in some cities, such as Toronto, so ask your lawyer.

SituationGeneral treatment
Sibling buys others out for moneyAmount paid and any mortgage assumed is consideration
Estate representative transfers to a beneficiary to satisfy their interestNot subject to tax under the Act, reported as nil
Spouses: only consideration is assuming a registered encumbranceExemption may apply
Spouses: transfer follows a written separation agreement or court orderExemption may apply; value is consideration plus amount owing on encumbrances
Gift where no consideration passes in any formNo tax payable
Transfer where the buyer takes on an outstanding encumbranceThe encumbrance is taxed as consideration, except for certain spousal transfers

For a spousal separation-related transfer registered electronically, the exemption is claimed with Teraview statement 9085 plus 9086, 9087 or 9088, depending on the situation. Chattels such as appliances and furniture are excluded from the value of consideration and are reported separately.

The transfer and what to do next

Only authorized Teraview account holders and their registered users can submit documents in Ontario's electronic land registration system. Who handles the mortgage discharge or new mortgage and the tax statements in your case depends on your situation, so it is worth confirming with a lawyer.

If the other owner will not sign, a court may vest an interest in a person under s. 100 of the Courts of Justice Act, and a vesting order should use the word 'vest' and state the full name and date of birth of the party in whom the land vests. A court order directing the Land Registrar to alter the register is a separate document type.

Frequently asked questions

Do I pay land transfer tax when I buy out my sibling?

Generally yes, if you pay money. The amount paid and any mortgage you assume is consideration. The tax is payable by the person acquiring the land when the transfer is registered.

Is a buyout between spouses taxable?

Transfers between spouses or former spouses are taxable unless an exemption applies, such as compliance with a written separation agreement or a court order. A lawyer can confirm which, if any, fits your documents.

What if my co-owner won't sign the transfer?

A court may vest an interest in a person under s. 100 of the Courts of Justice Act. Which order applies depends on the facts, so legal advice is important.

Can I do the registration myself?

Only authorized Teraview account holders and their registered users can submit documents electronically. If you are not one of them, you would need someone who is, and a lawyer can confirm your options.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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