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Can I Sell My House in Ontario if the Title Has Problems?

Find out how liens, tax arrears, spousal rights and co-owners can affect selling a house with title problems in Ontario, and what steps to take.

Real Estate4 min readTSLBy the Treadstone Law Team · OntarioUpdated November 13, 2026
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Key takeaways
  • Many title problems, such as liens and tax arrears, can be cleared before or at closing rather than blocking a sale outright.
  • A spouse's rights in a matrimonial home can stop you from selling without their consent unless an exception applies.
  • A lawyer, title searcher or surveyor is the right person to explain property records, because ServiceOntario cannot.

Title problems often surface late, when a buyer's lawyer searches the property records. A lien, a claim from a co-owner or a name missing from title can hold up a closing.

Having a problem on title does not always mean you cannot sell. This article explains common problems, how they are usually dealt with, and who can help.

How title works

Ownership changes and other dealings with land are registered electronically by authorized users, such as Teraview account holders. Anyone can search property records on OnLand for a fee.

ServiceOntario cannot search title, give legal advice or explain property records, and it refers people to a lawyer, title searcher or surveyor. Encroachments, such as a fence or building over a boundary, are the kind of issue a survey can reveal, so a surveyor and your lawyer are the people to ask.

Liens and debts registered against the land

Type of claimHow it affects the property
Unpaid property taxesA special lien that ranks ahead of every other claim except the Crown's.
Tax arrears certificateAnyone may cancel it by paying the cancellation price before the one-year period ends.
Unpaid federal taxA memorial registered in the land registry creates a charge on the debtor's land.
Writ of executionBinds the debtor's lands from its effective date in the sheriff's index.
Contractor's lienExpires unless preserved by registering a claim for lien on title and perfected within the 90-day period.

For a contractor's lien, the court must make an order vacating it when money or security is paid into court, and the motion can be made without notice. The cancellation price for tax arrears covers arrears, current taxes, interest, penalties and reasonable municipal costs.

Old consumer Notices of Security Interest are a special case. Since June 6, 2024, all consumer NOSIs on title are treated as expired. An expired NOSI may still appear on title but does not affect the land, and it can be removed through a lawyer with an Application to Amend the Register.

A missing owner or someone with rights in the home

A sale made without the required spousal consent can be set aside, except where the current holder bought for value, in good faith and without notice that it was a matrimonial home.

Selling when an owner has died

Property the deceased held without a right of survivorship passes to the estate's personal representative as trustee. If the deceased owned real property, the estate normally has to be probated.

A personal representative may sell real property to pay debts without the beneficiaries' agreement, but a sale only for distribution needs their agreement or approval by a majority holding at least half the interests. A sale affecting a minor's interest needs the Children's Lawyer's written approval or a judge's order.

What to do next

Frequently asked questions

Can I sell if there is a lien on my property?

Often yes, if the lien is paid or dealt with so it can be removed. For example, a tax arrears certificate can be cancelled by paying the cancellation price. A contractor's lien can be vacated when money or security is paid into court.

Can I sell my home without my spouse's signature?

For a matrimonial home, you may not sell unless the other spouse consents or another exception applies. A court may authorize a sale if consent is unreasonably withheld or the spouse cannot be found.

What if a co-owner will not agree to sell?

Joint tenants and tenants in common may be compelled to partition or sell the land. Any person interested in the land may bring the action or application.

Does an old NOSI on title block my sale?

Consumer NOSIs already on title are treated as expired and do not affect the land, though they may still appear. A lawyer can have one removed with an Application to Amend the Register.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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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