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Summary: Joint tenancy and tenancy in common are the two ways co-owners hold title in Ontario. Joint tenancy means equal shares with a right of survivorship; tenancy in common allows unequal shares that pass through each owner's estate. The choice is set on title at closing.
If you're buying with a partner, a family member, or a friend, your lawyer will ask how you want to hold title before closing. It is easy to treat as a formality, but the answer shapes what happens to the property if an owner dies, how unequal contributions are recorded, and even whether a first-time buyer keeps a tax rebate.
What is the difference between joint tenancy and tenancy in common?
Both are ways for two or more people to co-own a property in Ontario. Under joint tenancy, co-owners hold equal, undivided shares with a right of survivorship. Under tenancy in common, each owner holds a defined share that can be unequal and passes through their own estate.
Feature | Joint tenancy | Tenancy in common |
Ownership shares | Equal only (for example 50/50) | Equal or unequal (for example 70/30) |
When one owner dies | Passes automatically to the surviving owner | Passes through that owner's will or estate |
Probate on that share | Bypassed | Generally applies |
Selling or gifting your share alone | Not available in the same way | Yes, independently |
Typical owners | Married couples, long-term partners | Friends, siblings, business partners, blended families |
The single biggest practical difference is the right of survivorship: joint tenancy moves ownership to the survivor automatically, while tenancy in common keeps each share inside its owner's estate.
How are ownership shares split under each structure?
Joint tenancy is always equal. Two joint tenants each own 50%, and you cannot register a 70/30 joint tenancy because the structure does not allow it. Tenancy in common is the only option that records unequal shares, so it fits co-owners who contributed different amounts.
Tenancy in common is often the right fit when the co-owners are not a couple planning to leave everything to each other:
Friends or siblings buying together. Each can leave their share to their own beneficiaries.
Business or investment partners. Shares can match each person's capital contribution.
Blended families. An owner can direct their share to children from a previous relationship.
A parent added to help a child qualify. The parent can hold a small share while the child holds the rest.
If your shares need to reflect different down payment contributions, our guide to methods for splitting equity in real estate covers the options.
How does title type affect a first-time buyer's land transfer tax rebate?
It can change how much of the rebate you keep. Ontario's first-time homebuyer Land Transfer Tax (LTT) refund is up to $4,000, with a further Municipal Land Transfer Tax (MLTT) rebate of up to $4,475 in Toronto, and only buyers who have never owned a home anywhere in the world qualify.
If a parent who already owns a home goes on title as a joint tenant to help a child qualify for financing, the property is treated as jointly owned with someone who does not qualify, which can reduce the rebate. Holding title as tenants in common instead, with the parent on a small share (such as 1%) and the first-time buyer on the rest, can preserve the buyer's rebate on their portion.
Because the structure has to be set on title at registration, this is a conversation to have with your lawyer before closing, not after. The eligibility rules are on the Ontario land transfer tax refund page, and our breakdown of the costs involved in a real estate transaction shows where the rebate sits among your other closing costs.
Can you change how you hold title later?
Yes. A joint tenant can convert a joint tenancy into a tenancy in common on their own, through a step called severance. Severance does not need the other owner's consent, but it has to be registered on title to take effect. Converting the other way, from tenancy in common back to joint tenancy, requires every owner to agree.
That flexibility is useful, but it is simpler to set the right structure at the start than to correct it later, especially once a rebate or an estate plan depends on it.
How do you decide which is right for you?
Neither structure is better in the abstract. Joint tenancy suits couples who want a clean, probate-free transfer to each other; tenancy in common suits unequal shares or separate estate plans. The right answer depends on who is buying and what each owner wants to happen to their share. Before closing, settle three things with your lawyer:
Who goes on title, and why. Adding someone purely to help with financing has different consequences than adding a true co-owner.
Equal or unequal shares. Any split other than equal requires tenancy in common.
What happens to each share on death. Automatic survivorship, or distribution through the estate.
Frequently asked questions
Is joint tenancy or tenancy in common better in Ontario?
Neither is universally better. Joint tenancy gives couples a clean, probate-free transfer on death; tenancy in common allows unequal shares and lets each owner direct their share through their own estate. The best fit depends on who is buying and what they want for their share.
Does joint tenancy avoid probate in Ontario?
For the jointly held property, yes. The deceased owner's interest passes to the surviving owner by right of survivorship, outside the will, so it is not part of the estate for Estate Administration Tax. Other assets still follow the normal estate process.
Can joint tenants own unequal shares?
No. Joint tenancy requires equal, undivided shares. If co-owners need a split such as 70/30, they have to hold title as tenants in common, which is the only structure that records unequal ownership percentages.
Can I switch from joint tenancy to tenancy in common without the other owner agreeing?
Yes. Any joint tenant can sever the joint tenancy on their own and convert their interest to a tenancy in common. The severance has to be registered on title to be effective. Switching back to joint tenancy requires all owners to agree.
How do most married couples hold title in Ontario?
Most married couples and long-term partners choose joint tenancy, because the right of survivorship transfers ownership to the surviving spouse automatically, without the property passing through the estate. It is usually the simplest choice when each intends to leave their share to the other.
About the author
Joel Fox is a co-founder and COO at Ownright. He helps run the firm's day-to-day work on Ontario residential closings, refinances, and sales, and writes regularly to demystify the parts of a transaction that most homeowners only encounter once or twice in their lives.
At Ownright, we focus entirely on Ontario residential real estate law, helping buyers and sellers with purchase closings, sales, and refinances. Choosing how you hold title is part of every purchase we close, and our team walks co-buyers through the decision before anything is signed. You can start your closing online or get in touch with any questions.
Legal references: Land Transfer Tax Act, R.S.O. 1990, c. L.6 (first-time homebuyer refund); Estate Administration Tax Act, 1998, S.O. 1998, c. 34 (estate administration tax); Conveyancing and Law of Property Act, R.S.O. 1990, c. C.34 (severance of joint tenancy).
Important note: This article is not legal advice. No one should act, or refrain from acting, based solely on the information in this post or any linked materials without first seeking appropriate legal or professional advice.
