What Happens to a House Owned as Joint Tenants With Right of Survivorship After One Owner Dies in Ontario?
Generally, yes: joint tenancy carries a right of survivorship, so the house passes automatically to the surviving owner rather than through the deceased's will. Ontario's Estate Administration Tax guidance excludes jointly owned assets that pass automatically to the other owner from the estate value.
The survivor still needs to update title. Registering an electronic document such as a survivorship application costs $86.42. Tenants in common are different: each owns a separate share without a right of survivorship, so it generally goes through that owner's own estate. Whether other documents are needed depends on your title, so a lawyer can confirm the steps.
Exceptions matter. If joint owners die at the same time or it is uncertain who survived, they are generally treated as tenants in common and each share goes through that person's own estate. If a married spouse owned a matrimonial home as a joint tenant with someone other than their spouse, the joint tenancy is deemed severed immediately before death and the share goes into the estate. Jointly held property can also count toward dependant support claims.
Key takeaways
- Joint tenancy carries a right of survivorship, so the house generally passes automatically to the surviving owner.
- Jointly owned assets that pass automatically to the other owner are excluded from the estate value for Estate Administration Tax.
- If joint owners die together or it is uncertain who survived, they are generally treated as tenants in common and each share goes through that person's own estate.
- A married spouse's joint tenancy with someone other than their spouse in the matrimonial home is deemed severed immediately before death.