Joint Tenancy or Tenancy in Common? How You Own Property Together

When two or more people own property together in Ontario, they usually hold title as joint tenants or tenants in common.

Joint tenancy

• Each owner owns the whole property together.
• Right of survivorship: when one owner dies, their interest passes to the surviving owner(s), outside the will.
• Common for spouses.

Tenancy in common

• Each owner owns a share, such as 50/50 or 70/30.
• Each share passes under the owner's will (or intestacy rules).
• Common for business partners, friends or relatives buying together.

Changing the arrangement

A joint tenancy can sometimes be severed into a tenancy in common, for example by a transfer or an agreement. Get legal advice: this has tax and estate consequences.

Disputes between co-owners

If co-owners can't agree on selling, a court can order the property sold or divided under Ontario's Partition Act.

Before you buy together

• Decide how you will hold title.
• Consider a co-ownership agreement covering contributions, expenses and what happens if someone wants out.

Sources

• Partition Act (Ontario)
• Land Titles Act

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General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: A wooden gavel rests on a closed book · Two businessmen signing a document at a table.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.