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Can I sever a joint tenancy without the other owner?

In most provinces yes, unilaterally, by registering the appropriate instrument. Take advice on the consequences first.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

In most provinces yes, unilaterally, by registering the appropriate instrument. Take advice on the consequences first.

The Canadian position

In most provinces yes, unilaterally, by registering the appropriate instrument. Take advice on the consequences first.

Provincial law governs the detail, so confirm the position where the estate will be administered.

The Islamic position

The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.

Where a Canadian instrument has no classical counterpart, treat it as a contemporary question for a qualified scholar.

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Canadian Legal Information Institute — CanLII
Further reading — Treadstone Law
  1. Severing joint tenancy without notice separation ontario — Treadstone Law
  2. Joint tenancy vs tenancy in common ontario — Treadstone Law
  3. Severing joint tenancy ontario — Treadstone Law
  4. Joint tenancy vs tenants in common ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law