What could happen to the family home if the owner dies without a will in Ontario?

The outcome depends on how the home is owned. If the home was held in joint tenancy with a surviving spouse or partner, it passes automatically to that person regardless of intestacy. However, if the home was owned solely by the deceased — or held as tenants in common — it forms part of the estate and is subject to the intestacy rules.

Under intestacy, if a spouse and children survive, the spouse receives the preferential share first. If the home's value exceeds the preferential share, the children are entitled to a share of the difference. This can create a situation where the surviving spouse must either sell the family home to satisfy the children's entitlement or buy them out.

This is one of the most disruptive potential outcomes of dying without a will, particularly in families with children from previous relationships. A will can direct that the home passes to a specific person, set up a life interest so a spouse can remain there, or make alternative arrangements that reflect the family's actual situation.