Joint Tenancy With Right of Survivorship in Ontario Explained

You may have just bought a home with a spouse, a parent or a friend, or you may have been told that a deceased relative owned a property jointly with someone else. The words "joint tenancy with right of survivorship" come up quickly, and they change who ends up with the property.

This article explains in plain language what joint tenancy means in Ontario, how it differs from owning as tenants in common, what generally happens when a joint owner dies, and where problems tend to arise. It is general information, not advice on your situation.

What joint tenancy with right of survivorship means

When two or more people own property as joint tenants, each owner's interest comes with a right of survivorship. In Ontario, if you own property as a joint tenant and you die, the property automatically passes to the surviving owner. The right of survivorship applies only to interests held in a joint tenancy.

In practical terms, the property does not become part of what your will, or the rules for dying without a will, would otherwise distribute. The Province notes that the assets in an estate are distributed depending on how they are owned, and it lists money and property jointly owned with another person as an example.

Joint tenants versus tenants in common

Ontario's Court of Appeal has described survivorship as the critical distinction between the two forms of co-ownership. On a joint tenant's death, the interest passes to the surviving co-owners. On a tenant in common's death, it passes to the deceased's estate.

If you are unsure which form of ownership applies to your property, the title documents will show it, and a real estate lawyer can confirm how it is held.

What generally happens when a joint tenant dies

The surviving owner usually has to update the land records. In the Land Titles system, this is done through a survivorship application under section 123 of the Land Titles Act. It uses a statement that the applicant held the property as joint tenant with the deceased, that the applicant is entitled as surviving joint tenant, and the date of death.

For deaths on or after March 1, 1986, the application must also include a Family Law Act statement. It says that the deceased and the surviving joint tenant were spouses, that the deceased was not a spouse at death, or that the property was not a matrimonial home. These statements must be signed by a solicitor.

Land registry forms have changed recently, so the exact wording and steps are best confirmed with the lawyer handling the registration.

• Estate Administration Tax leaves out assets held in joint ownership that automatically become the other owner's assets.
• If a charge was registered by one joint tenant alone and that person dies first, the survivors are entered on title subject to the charge.
• That charge is not removed unless a cessation is registered or a court orders its discharge.

How a joint tenancy can end before a death

Severing a joint tenancy turns it into a tenancy in common, so survivorship no longer applies to that interest. Ontario's Court of Appeal recognizes three ways: one owner acts on their own share, such as by selling or encumbering it; the co-owners agree; or there is a course of dealing showing they all treated their interests as severed.

• A joint tenant can sever by registering a transfer to themselves, and the registrar then shows that person as a tenant in common with the other owners.
• No land transfer tax is payable on a transfer to oneself registered to sever, as long as the affidavit says it is registered solely to give effect to the severance.
• Registering a charge by fewer than all the joint tenants does not automatically sever the tenancy, and severance by that route generally happens if the chargee enforces by power of sale or foreclosure.
• Where there are three joint tenants, a conveyance by one severs only that tenant's interest, not the whole joint tenancy.

Secret intentions are not enough. An intention declared behind the other owners' backs will not suffice, and a declared intention that was not communicated to a co-owner is on its own insufficient to show mutual intent to sever. The Court of Appeal has also said it is not clear that a mere expression of intention achieves severance.

Common surprises for families and spouses

A will cannot by itself sever a joint tenancy. The person's intention in a will matters only as evidence of a course of dealing, and only if it is consistent with other evidence of mutual treatment. So a will that leaves your share to your children generally does not override the survivorship right.

There is a special rule for family homes. If a spouse dies owning a family residence as a joint tenant with a third party who is not their spouse, the joint tenancy is deemed severed immediately before death.

Income tax is a separate question. On death, a person is considered to have disposed of property immediately before death at fair market value, which may produce a gain or loss on the final return. Property passing to a surviving spouse or common-law partner resident in Canada may not result in a gain or loss, although the legal representative can elect out of that rollover property by property. How the rules apply to a joint owner who is not a spouse is worth confirming with an accountant.

What to do next

• Find the title documents or the latest property record to see whether the owners hold as joint tenants or tenants in common.
• Get a copy of the death certificate if an owner has died.
• Check whether any charge, such as a mortgage taken by one owner alone, is registered on title.
• Ask a real estate or estate lawyer about the survivorship application and the Family Law Act statement.
• Speak with an accountant about the deceased's final return, including any principal residence designation.
• If you want your share to go somewhere other than to the surviving owner, get advice before acting, because severance has specific requirements.

Registration costs also change from time to time. A bulletin effective November 2, 2026 sets the electronic registration fee for an instrument at $86.42 including HST. Lawyer's fees and search fees are separate, so ask for a full estimate.

Frequently asked questions