What Is the Difference Between Joint Tenants and Tenants in Common on an Ontario House After Death?

The difference is what happens to a deceased owner's share. Joint tenancy carries a right of survivorship, so the share passes automatically to the other owner. Joint owners who die together are treated as tenants in common unless a contrary intention appears, so each share goes through that person's own estate.

Some situations change the result. If a married spouse owned the matrimonial home as a joint tenant with someone other than their spouse, the joint tenancy is treated as severed immediately before death and the share goes into the estate. Property held jointly still counts as part of the net estate for dependant support claims, even though it passed by survivorship. Ontario's Estate Administration Tax guidance leaves out jointly owned assets that pass automatically to the other owner.

Between married spouses, holding property as joint tenants is proof, without evidence to the contrary, that they intended to own it that way. A parent who puts an adult child on title is different: the child is presumed to hold it on resulting trust for the parent unless the child proves a contrary intention at the time of transfer. Because the wording on title and the family facts both matter, a lawyer can confirm how your property is treated.