How Do I Know If My Parent Owned Their Home as Joint Tenants or Tenants in Common in Ontario?
You find out by reading the title to the property, because survivorship applies only if your parent held as a joint tenant. Under Ontario law, land given to two or more people is held as tenants in common unless the document shows on its face that they are to take as joint tenants. A tenant in common's share does not pass by survivorship.
Some owners are treated differently. The tenancy-in-common presumption does not apply to land given to executors or trustees. It does apply where one owner is the other's spouse, which includes an unmarried partner in a conjugal relationship, so they hold as joint tenants only if the deed says so. People who acquire land by length of possession hold as tenants in common.
Land registry records, including the parcel register, are searched through OnLand, where anyone can self-search for a fee or order certified copies. ServiceOntario cannot search or explain records for you. Because the wording and the exceptions can be tricky, a lawyer can confirm what a particular title means.
Key takeaways
- Land given to two or more people is held as tenants in common unless the document shows on its face that they are to take as joint tenants.
- The presumption does not apply to executors or trustees, but it does apply to spouses and unmarried partners in a conjugal relationship, who hold jointly only if the deed says so.
- People who acquire land by length of possession hold as tenants in common.
- Parcel registers are searched through OnLand, and ServiceOntario cannot search or explain records for you.