Understanding Property Ownership in Ontario

Written by: Oviya Sugunakumar
Date: November 20, 2025

When purchasing property in Ontario, the form of ownership you choose when taking title can affect how decisions are made and what happens to your interest if you pass away. Understanding the differences between the main types of ownership can help you make a choice that best fits your situation.

There are 3 forms of ownership that are available to you when purchasing a property: sole registered owner, tenants in common, and joint tenants. 

Taking ownership as a sole registered owner is available when there is only one individual who will be holding title. Being the sole registered owner, you will hold 100% of the title and have all the legal rights, responsibilities, and interests to the subject property. In contrast, tenants in common and joint tenancy ownerships are available when 2 or more individuals will be holding title. 

Tenants in common is a flexible form of shared ownership. In this arrangement, each owner can hold a different share of the property. For example, if there are only 2 owners, one may have a 70% share while another holds 30%. Each owner has control over their individual share and can sell or transfer their interest, subject to other legal consent requirements. The main characteristic to be noted in this form of ownership is that there is no right of survivorship. When one owner passes away, their share of ownership in the property becomes part of their estate and will be distributed to their beneficiaries in accordance to their will. If they do not have a will, then their share will be distributed according to Ontario’s intestacy laws. 

In contrast, joint tenancy is a more unified type of shared ownership. In this arrangement, all owners hold the property equally and together with no divided shares. Unlike tenants in common, this form of ownership provides the right of survivorship. If there are only 2 owners and one passes away, their interest in the property is automatically transferred to the remaining owner. This characteristic is an essential consideration in estate planning as it allows the owners to bypass estate and probate issues related to the property. Joint tenancy is commonly used by spouses or individuals who want ownership to pass seamlessly to the surviving owner. 

Choosing between these forms of ownership depends on your goals and personal circumstances. These decisions can have long-term legal and financial implications, so it is important to consult with a lawyer. At Theva Law, our team will help you explore these different forms of ownership to determine which option best aligns with your needs.