What Happens to a Jointly Owned House When One Owner Dies in Manitoba?

When someone who owns a house with you dies, the first worry is often whether the home is now tied up in the estate. How the property was held makes a big difference. A house held jointly is treated very differently from one that belonged to the deceased alone.

This article explains, in general terms, how Manitoba's land titles system handles a jointly owned house after a death. It also compares the process with a sole owner's house and points out some exceptions. Your own situation depends on how title is actually registered, so a lawyer can confirm the steps.

This article covers the law of Manitoba.

Why the registered title matters in Manitoba

Manitoba uses a land titles (Torrens) system. The Real Property Act states its object as simplifying title to land, giving certainty to it, facilitating proof of it and expediting dealings with it. In practice, the certificate of title is treated as proof of who is entitled to the land, and the title is evidence of ownership.

That is why the first step after a death is usually to look at the current title. It shows whether the owners are listed as joint tenants or in some other way, and that decides which route applies.

When the owners held as joint tenants

Where land is held in joint tenancy and one owner dies, the surviving owner can apply to be registered as owner by request, without going through the deceased's estate. The survivor's application can also be folded into a transmission application if one is being made.

The exact section of the Act that supports this rule should be confirmed against the current text, so a lawyer can check it for your file. Whether you actually hold as joint tenants depends on how title was registered, so do not assume it from the fact that two names appear.

• Check the current title to see how the owners are shown.
• Ask a lawyer which supporting documents are needed for the request, since this depends on your situation.
• Ask a lawyer to prepare and file the request to be registered as owner.
• Keep copies of everything filed and the resulting new title.

When the deceased was the sole owner

A sole owner's house follows a different path. Transferring it requires a court grant, either probate or administration, so that a personal representative can apply to Land Titles. A notarial copy of the grant is filed with a transmission that vests title in the personal representative, followed by a transfer to the beneficiaries, and the transmission and transfer can be filed together.

Exceptions and special cases

• Grant from another province: an out-of-province executor dealing with Manitoba land may need to reseal the grant or obtain an ancillary grant in Manitoba.
• Land transfer tax: no land transfer tax is payable on a transmission into the name of a deceased owner's personal representative, though this should be confirmed with Land Titles.
• Small estates: for small estates, an administration order can vest land directly in the beneficiary without a transmission to the representative, but the threshold should be verified.

These exceptions apply to the sole-owner route. They are worth raising early if the deceased lived or was probated elsewhere.

How registration works and what to do next

Land titles registrations in Manitoba are electronic and run through Teranet Manitoba, and the Law Society has eRegistration rules for lawyers who register documents. Registration is completed when the certificate of registration is signed or the data is accepted in the electronic system, and it takes effect from the day the instrument is assigned a serial number.

• Pull the current title and confirm how the owners hold it.
• Gather the death certificate and any will or grant.
• Find out whether a mortgage or other registered claim is on the title.
• Speak with a lawyer about the right filing for your case.
• Confirm costs and timing with the lawyer, since they depend on the file.

Frequently asked questions