What Happens to a House Owned Jointly With My Spouse When One of Us Dies in Ontario?

In most cases, the house passes automatically to you as the surviving spouse, because joint tenancy carries a right of survivorship. Jointly owned assets that pass automatically to the other owner are left out of the estate value for Estate Administration Tax, so the house generally does not add to that tax.

There are exceptions to check first. If a married spouse died owning an interest in the matrimonial home as a joint tenant with someone other than their spouse, the joint tenancy is treated as severed just before death, and the share goes into the estate instead. If you and your spouse die at the same time, or it is uncertain who survived, joint tenants are treated as tenants in common unless a contrary intention appears, and each share goes through that person's own estate.

To put the survivor on title, a survivorship application is registered electronically, which costs $86.42 from November 2, 2026. Where a spouse died owning a family residence as a joint tenant with a third party, the application must include a Family Law Act statement that only a solicitor can make and sign.