Many separated couples assume they are equal owners of their home, no matter whether both are on the title, but who actually owns the house matters if there is a separation, especially if one of the spouses has unpaid debt.

Under Canada’s constitution, property and civil rights are under provincial jurisdiction, meaning that joint tenants’ rights differ by province. A recent Ontario Court of Appeal ruling in Senthillmohan vs. Senthillmohan is a good reminder to third-party creditors about how tricky it can be to enforce a judgment against a jointly-held property.

After the Senthillmohans separated, the wife obtained a court order to sell the jointly-owned home. The net proceeds were to remain in trust after its sale. Meanwhile, one of the husband’s creditors, a numbered company, sued the husband over a debt.

The husband did not defend the lawsuit against him, and the company obtained a default judgment in September 2021 and put a lien against the home.

This was not the husband’s only debt. He also owed a large tax bill to the Canada Revenue Agency.

A month after the default judgment was granted, the parties entered into an agreement of purchase and sale for the house. The ex-spouses then consented to a family court order to sever the joint tenancy. A few months later, the wife asked that her one-half share of the net proceeds be...

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