Severing a Joint Tenancy in Ontario: Methods, Risks and Costs

People usually look into severing a joint tenancy after a separation, a falling out, or a change in plans for who should inherit. As joint tenants, each owner has a right of survivorship, which means the property goes to the other owner on death whatever the will says.

Severing ends that right. This article explains the methods Ontario recognizes, what each one risks, and the tax and registration points that come up. It is general information, and a lawyer should confirm the right step for your situation.

What severance does

On a joint tenant's death, the interest passes to the surviving co-owners, but on a tenant in common's death it passes to the deceased's estate. Severing a joint tenancy turns the arrangement into a tenancy in common, so the share can be dealt with through the estate.

This matters because a will cannot do that job. A will cannot by itself sever a joint tenancy, and survivorship takes precedence over a will.

The three recognized methods

Ontario's Court of Appeal recognizes three ways to sever a joint tenancy.

If there are three joint tenants, a conveyance by one severs only that tenant's interest, not the whole joint tenancy.

Transferring the property to yourself

Ontario's land registration guidance says a joint tenant can sever by executing and registering a deed or transfer to himself or herself. The land registrar then shows that person as a tenant in common with the other registered owners.

No land transfer tax is payable on a transfer to oneself registered to sever a joint tenancy, where the transferor and transferee are the same person, and the affidavit must say the deed is registered solely to give effect to the severance.

There is a registration cost. Under the fee schedule taking effect November 2, 2026, electronic registration of an instrument is $72.75 statutory fee plus a $12.10 ELRSA fee plus $1.57 HST, for $86.42. Fees are CPI-adjusted each November. Legal fees and search costs depend on your situation, so ask your lawyer what to expect.

Risks of mortgages and informal steps

• A charge (mortgage) registered by fewer than all the joint tenants does not automatically sever the joint tenancy.
• Severance does occur if the chargee enforces by power of sale or foreclosure.
• If the owner who charged their interest alone dies first, the survivors go on title subject to the charge, which stays unless a cessation is registered or a court orders its discharge.
• It is not clear that a mere expression of intention is enough to achieve severance.
• An intention declared only behind the other owners' backs will not suffice on the course-of-dealing method.

For these reasons, informal steps such as telling a friend, writing a note to yourself or relying on a will can leave you with uncertainty at the worst possible time. A clear, registered step is easier to prove.

Separation, spouses and the family home

Spouses should be careful. For a spouse's family home, the full value is shared even if the home was owned before marriage or received as a gift or inheritance. Whether severing title affects property claims between spouses depends on the facts, so get legal advice before relying on it.

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. Ontario also says common-law spouses do not inherit under the Succession Law Reform Act on an intestacy, and the Family Law Act equalization rules are for married spouses. This means the title, and not your relationship label, may decide who receives the property.

If a death happens before severance, the survivor generally applies to be recorded as the owner, using a statement of entitlement as surviving joint tenant.

What to do next

• Get the current record of ownership and confirm that you actually hold as joint tenants.
• Check for mortgages, liens or other registered documents that could be affected.
• Think about whether the other owner is a spouse, because family law rights may be involved.
• Speak with a lawyer about which method suits your situation and how to document it.
• Review your will afterwards, since severance changes what the will can pass on.

Severance is one step in a larger plan. A lawyer can explain how it interacts with separation, mortgages and your estate.

Frequently asked questions