Home Ownership: Joint Tenants vs Tenants in Common

Miltons Estate Law
February 4th, 2025

There are three main ways that a homeowner can own a home, and the way title is held dramatically affects their estate and heirs…

1. As sole owner
2. As joint tenants
3. As tenants-in-common

The severance of a joint tenancy requires clear, unequivocal action. Simply separating as a couple is not sufficient to sever the couple’s ownership of their house. By far the best way to sever a joint tenancy is by registering the severance on title to the property. Claims that title has been severed by actions less than this are very difficult to prove.

For many Ontarians, their home is their most valuable asset.  However, the details of how title to the property is held is crucial for determining ‘who gets what’ on death of a homeowner.