Yes, you can and often should sever joint tenancy on your matrimonial home before your divorce is finalized in Ontario. Doing so changes your ownership to “tenants in common,” meaning if you pass away unexpectedly, your 50% share goes to your estate rather than automatically transferring to your ex-spouse. The government registration fee for this is currently around $82 CAD.
When you are navigating a separation, your immediate focus is often on child support, parenting time, and surviving the emotional turmoil. However, one of the most critical legal protections you can implement early in the process involves the title to your matrimonial home. If you and your spouse purchased your home together, you likely own it as “joint tenants.” In Ontario law, joint tenancy includes the “right of survivorship.” This means if one spouse dies, the surviving spouse automatically inherits the entire property, regardless of what your will says.
For couples going through a divorce in cities like Toronto, Ottawa, or Mississauga, leaving this joint tenancy intact can be incredibly risky. 🚨 Imagine passing away before your divorce is finalized; your estranged spouse would receive full ownership of the house, potentially leaving your children or other beneficiaries with nothing. By legally “severing” the joint tenancy, you convert your ownership into “tenants in common.” This ensures that your half of the property remains yours to pass down through your estate. This is a standard administrative step that a local real estate or family lawyer can handle quickly.
Step-by-Step Process to Sever Joint Tenancy in Ontario
Severing a joint tenancy does not force the immediate sale of the home, nor does it affect your right to stay in the matrimonial home under the Family Law Act. It simply alters how the title is held in the provincial land registry system. The process is entirely administrative and can generally be completed without needing an order from the Superior Court of Justice.
Step 1: Understand the Legal Shift
Before taking action, it is important to understand what “tenants in common” means. 📖 As tenants in common, you and your ex-spouse each own an undivided, distinct share of the property (usually 50% each). When one tenant passes away, their specific share becomes part of their estate, to be distributed according to their last will and testament, completely bypassing the surviving spouse.
Step 2: Hire a Real Estate or Family Lawyer
While you might be handling some parts of your separation yourself, changing property titles in Ontario requires accessing the provincial electronic land registration system (Teraview). Only licensed Ontario lawyers in good standing can access this secure portal. You will need to retain a lawyer to draft and register the severance documents on your behalf.
Step 3: Draft the Form 1 Transfer (Severance)
Your lawyer will prepare a document known as a “Transfer” to sever the tenancy. 📝 Essentially, you are transferring your interest in the property from yourself (as a joint tenant) to yourself (as a tenant in common). In Ontario, you are legally permitted to do this unilaterally, meaning you do not need your spouse’s permission, signature, or consent to protect your share of the estate.
Step 4: Register the Transfer and Serve Notice
Once the document is prepared and signed, your lawyer will register it electronically with the Land Registry Office. After the severance is officially registered on the title, your lawyer is legally obligated to serve a formal notice to your ex-spouse, informing them that the joint tenancy has been severed. They cannot reverse it once it is registered.
Step 5: Update Your Will
Severing the joint tenancy is only half the battle; you must also update your estate planning documents. 📜 If you sever the tenancy but your existing will still names your ex-spouse as your sole beneficiary, they will simply inherit your share of the house anyway. You must draft a new will to clearly designate who should receive your 50% share of the property (such as a trust for your children) in the event of your death.
How Much Does it Cost in Ontario?
Securing your half of the real estate is surprisingly affordable compared to other family law procedures. 💰 Because this is a straightforward administrative task, most law firms will offer a flat-rate fee rather than billing by the hour. Here is an estimated breakdown of the costs you can expect to pay in 2026:
| Type of Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| Land Registry Fee | $82 – $85 | The mandatory government fee to register a Transfer via the Teraview electronic system. |
| Lawyer’s Flat Fee | $400 – $800 | The typical legal fee for a lawyer to draft the document, register it, and notify your ex. |
| Title Search Disbursements | $30 – $50 | Costs for the lawyer to pull the existing parcel register to verify current ownership. |
| Updating Your Will | $500 – $1,000+ | Highly recommended secondary step to ensure your severed share goes to the right people. |
How Long Does the Process Take?
One of the biggest advantages of severing a joint tenancy is how quickly it can be executed. Unlike waiting for a family court date, which can take several months, this process happens entirely outside the courtroom.
Once you provide your lawyer with a copy of your property tax bill and your identification, the severance can generally be drafted, signed, and registered within 1 to 2 weeks. If you are dealing with a severe medical emergency, many real estate lawyers can rush the process and complete the registration in a matter of 2 to 3 days.
Frequently Asked Questions (FAQ)
Do I have to tell my spouse before I sever the joint tenancy?
No. In Ontario, you have the legal right to unilaterally sever a joint tenancy without your spouse’s prior knowledge or consent. However, your lawyer must notify them or their legal representative immediately after the transfer has been officially registered on title.
Does severing the tenancy force my spouse to move out?
Not at all. Severing the title only changes how the property is handled upon death. It does not affect either spouse’s possessory rights under the Ontario Family Law Act. Both married spouses maintain an equal right to live in the matrimonial home until a formal separation agreement or court order says otherwise.
Will severing the title trigger a land transfer tax?
No. Simply severing a joint tenancy into tenants in common does not trigger Ontario Land Transfer Tax or Municipal Land Transfer Tax, because no actual money or physical property is changing hands between separate parties.
What happens if the mortgage is in both of our names?
Severing the joint tenancy does not change your obligations to your mortgage lender. You and your ex-spouse will remain jointly and severally liable for the mortgage payments. You should continue to pay the mortgage as usual to protect your credit score.
Does this apply to common-law partners in Ontario?
Yes, if common-law partners purchased property together as joint tenants, the right of survivorship still applies. A common-law partner should strongly consider severing the joint tenancy upon separation to protect their estate, as they do not have the same statutory property division rights as married couples.
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