Severing Joint Tenancy After Separation (Ontario)

Many couples in Ontario hold title as joint tenants, which includes the right of survivorship: if one owner dies, the other automatically owns the entire property. That default makes sense in a healthy relationship. After a separation, it can feel wrong—or even risky. Most people don’t intend their former partner to receive the home by operation of law. Severing joint tenancy converts the ownership to tenants in common, removing survivorship so each person’s share passes through their estate. Think of severance as aligning the title record with your new reality, not as a weapon to win leverage.

The reasons to sever are practical. First, it’s an estate-planning safeguard: if something happens before the sale or a buy-out, your interest goes to your beneficiaries rather than automatically to your ex. Second, it clarifies that you hold defined shares while you negotiate. That clarity doesn’t decide who gets to live there, what the list price should be, or who approves a counteroffer; those questions still require agreement or, if needed, court direction. Severance is a title adjustment, not a settlement.

How does severance interact with selling? In most cases, it doesn’t block progress. You can still list jointly and sell to a third party; the buyer’s lawyer will see the tenancy type on title and proceed as usual. What determines your outcome isn’t the tenancy label—it’s access, pricing discipline, and the professionalism of your listing. If stalemate persists, a co-owner may ask a court for a sale in appropriate circumstances. Severance neither guarantees nor prevents that; it simply removes survivorship while you sort out the path forward.

Before you make changes, speak with your lawyer about timing, notice, and side effects. Severance can have ripple effects on wills, beneficiary designations, and, in some cases, lender communications or insurance. It’s wise to pair the title change with a simple operations plan: who pays utilities during the transition, how urgent repairs will be approved, and how you’ll handle showings so the property remains protected and market-ready.

The most effective approach pairs severance with a one-page process note for the sale or buy-out: one shared email thread, predictable showing windows, a pricing method tied to very recent comparable sales, and simultaneous circulation of offers with short written summaries. That small document takes the heat out of ordinary decisions. It tells buyers you’re organized, tells lawyers you’re serious, and keeps minor disagreements from turning into long delays. In a season where emotions run high, structure is your best friend.

Used thoughtfully, severance is not about escalation; it’s about avoiding unintended consequences while you make clear, adult decisions about the home. With the tenancy corrected and the process defined, you can focus on what actually moves the needle—market evidence, clean presentation, and fair negotiation—so both of you can move on with confidence. Information only—Ontario-specific. Please obtain legal advice for your situation.