Joint tenancy vs tenancy in common in Canada: survivorship, shares, probate

The two ways to hold title together

	Joint tenancy	Tenancy in common
Shares	Equal and undivided — the owners hold the whole together	Distinct shares, equal or not (e.g. 70/30)
On an owner's death	Right of survivorship: the survivor becomes sole owner	The share passes under the will (or intestacy rules)
Goes through the estate?	No — the share bypasses the will	Yes — part of the estate
Typical buyers	Spouses and partners	Friends, siblings, parent and child, investors
Default if the deed is silent (ON, BC)	—	Presumed by law

Ontario: Conveyancing and Law of Property Act, s. 13. British Columbia: Property Law Act, s. 11. Check the rules of your province with a real estate lawyer before closing.

Why the choice matters

Joint tenancy is simple for couples: the survivor keeps the home without waiting for the estate to be settled, and in provinces that charge probate fees on the estate — Ontario's Estate Administration Tax, for example — the home is not counted. But joint tenancy also means your share cannot go to your children from a previous relationship: it goes to the co-owner, whatever your will says.

Tenancy in common fits people who contribute unequally or want their share to go to their own heirs. Write a co-ownership agreement at the same time: who pays what, what happens if one owner wants out, and how the property is valued if one buys the other out.

Three traps to know

Adding an adult child to title as a joint tenant to avoid probate is risky: since Pecore v. Pecore (Supreme Court of Canada, 2007), the law presumes the child holds the share in trust for the estate unless the parent clearly intended a gift.
A joint tenancy can be severed — by one owner transferring their share, or by agreement — which turns it into a tenancy in common. A separation is the classic moment to check how title is held.
Changing how title is held after closing may trigger land transfer tax or registration fees depending on the province: ask before you change it.

Frequently asked questions

What is the difference between joint tenancy and tenancy in common?

In Canada's common-law provinces, joint tenants own the whole property together with a right of survivorship: when one dies, their share passes automatically to the surviving owner, outside the estate and the will. Tenants in common each own a distinct share — equal or not, such as 60/40 — that passes under their will to their heirs. Couples usually choose joint tenancy; friends, relatives or investors buying together usually choose tenancy in common. In Ontario and British Columbia, if the deed does not say joint tenancy, the law presumes tenancy in common. Quebec uses a different system: undivided co-ownership.

Can tenants in common own unequal shares?

Yes. Tenants in common can hold any split — 50/50, 60/40, 75/25 — written on the title. Joint tenants, by definition, hold the property equally and together.

Does joint tenancy avoid probate in Canada?

In the common-law provinces, a property held in joint tenancy passes to the surviving owner by right of survivorship, outside the estate, so it is generally not subject to probate or estate administration tax. The exception is an adult child added to title: the courts may presume the share belongs to the estate (Pecore v. Pecore, 2007).

How does it work in Quebec?

Quebec's civil law has no joint tenancy or right of survivorship. Buyers hold the property in undivided co-ownership, with shares that pass by will. See undivided vs divided co-ownership in Quebec.

Sources

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Joint tenancy vs tenancy in common in Canada: which one when you buy together?