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Joint tenancy is a form of co-ownership in which two or more owners hold an equal, undivided interest in the entire property, with the right of survivorship meaning a deceased owner's share passes automatically to the surviving owner(s) rather than through their estate.
Common law recognizes joint tenancy through the “four unities” — possession, interest, title, and time — meaning every joint tenant must hold an identical, undivided share acquired at the same time under the same document. Its defining feature is the right of survivorship: when one joint tenant dies, their interest passes automatically to the surviving owner(s) by operation of law, bypassing their will entirely.
For a mortgage, every joint tenant is typically required to sign as a co-borrower, since the lender's charge registers against the whole property regardless of how ownership is split between the owners. Joint tenancy is common between spouses, but any joint tenant can unilaterally sever it — converting their share to a tenancy in common — which matters in separation, estate planning, and spousal buyout scenarios.
The four unities: Canadian common law requires unity of possession, interest, title, and time for a joint tenancy to exist — each owner must hold an equal share acquired at the same time under the same document.
Right of survivorship is automatic: a deceased joint tenant's interest passes directly to the surviving owner(s) by operation of law, not through their estate or will.
Any joint tenant can sever it: one owner can unilaterally convert their interest to a tenancy in common by registering a severance, ending the right of survivorship going forward.
Common law provinces only: joint tenancy as described here applies across Canada's common law provinces; Quebec's civil law uses a distinct co-ownership framework rather than joint tenancy.
Definitions reflect Canadian federal and provincial rules as of the “Updated” date above. Not advice for any specific file.
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