How to Check Whether Title Is Held as Joint Tenants in Ontario

If a parent or relative has died owning a house with someone else, the first question is often whether the survivor now owns it outright or whether the deceased's share belongs to the estate. The answer depends on how title was held.

This article explains how to look up the record, what the legal presumptions are, and where the exceptions apply. Reading old documents can be tricky, so a lawyer can confirm your reading.

Joint tenants and tenants in common

A joint tenant's interest goes to the surviving joint tenant(s), not to the will's beneficiaries. A tenant in common's share does not pass by survivorship. It goes to the representatives of the deceased.

Being named together on title does not by itself settle the question. Land granted or conveyed to two or more persons is held as tenants in common, unless the document shows on its face that they take as joint tenants.

Where the presumptions change

So for spouses and common-law partners, joint tenancy generally requires clear wording in the deed. The deed is where the answer usually lies.

How to look up the record

Ontario land registry records, including the parcel register, are searched through OnLand. Anyone can self-search for a fee or order certified copies, and ServiceOntario cannot search or explain the records for you. The listed fee for a parcel register copy is $37.10 including HST, plus $2.56 for each additional page, in the fee schedule effective November 2, 2026. Confirm the current fee before you search.

• Get the property's address or legal description.
• Search OnLand for the parcel register and the most recent transfer or deed.
• Read how the owners are described, and look for wording that shows joint tenancy.
• Note whether a deceased owner's name has already been deleted.
• Check for other entries such as mortgages or other interests, and ask a lawyer to explain any you do not understand.

What a survivorship application changes

When one of two or more registered joint owners dies, the land registrar may, on an application with the required evidence, delete the deceased owner's name from the parcel register. This is a land registry step, not a probate application.

The statements generally say the applicant held the property as joint tenant with the deceased, is entitled by survivorship, and give the date of death. Where the death was on or after March 1, 1986, a Family Law Act statement is also needed, and only a solicitor may make and sign it. Where no death declaration was recorded, proof of death is required.

If the last joint owner dies, nobody is left to take by survivorship, and the land goes to that person's estate trustee.

Exceptions that can change the result

• Matrimonial home: if a spouse dies owning an interest in the matrimonial home as a joint tenant with a third person, such as a child, the joint tenancy is deemed severed immediately before death and the deceased's share goes to the estate.
• Severing by deed: a joint owner can use statutory routes to convey to themselves or to a co-owner, though a conveyance may be set aside if a fiduciary relationship or other factor prevents it.
• Partition: any joint tenant or tenant in common may be compelled to make or suffer partition or sale, and a court may order sale if it considers it more advantageous.
• Resulting trust: a person named on title may still hold a property for the estate if the transfer was not a gift.

What to do next

Search the records first, then speak to a lawyer if the deed is unclear, the owners were spouses, or a child was added to title. Whether probate is needed can turn on this, since one reason to apply is that the estate includes real property that does not pass by survivorship.

Frequently asked questions