How to Transfer a House to the Survivor After a Spouse Dies in Ontario

When a spouse dies, the house you shared does not automatically show your name alone in the land records. Someone has to register the death and update title, and the steps depend on how the two of you held the property.

This page explains the usual process for a surviving joint owner, what the application must say, and the situations where the home goes through the estate instead. Because land registration is technical, most people have a lawyer prepare and register the documents.

Why joint ownership makes this simpler

When a home is held as joint tenants, the surviving owner generally takes the whole property by right of survivorship. The share does not pass under the will. That is why the paperwork is usually a registration step rather than a full estate transfer.

In land titles, a survivorship application under s. 123 of the Land Titles Act puts title in the surviving joint tenant's name. It is made either on Forms 42 and 43 of Regulation 690 or by statements made and signed by a solicitor.

What the application must say

The statements are short, but each one matters because the registry relies on them.

• That you held the property as a joint tenant with the deceased.
• That you are entitled to be the owner by right of survivorship.
• The date of death.
• For a death on or after March 1, 1986, a Family Law Act statement: either you and the deceased were spouses at death, or the deceased was not a spouse at death, or the property was not the deceased's matrimonial home.

A matrimonial home is generally a property in which a person has an interest and that is ordinarily occupied by the person and their spouse as their family residence.

When survivorship does not apply

Not every home passes to the survivor. The most important differences are below.

In the third case, the rule comes from s. 26(1) of the Family Law Act and applies where the deceased spouse owned the matrimonial home as a joint tenant with a third person. If the home was held some other way, such as in shares rather than jointly, the answer depends on the title and the will, so confirm with a lawyer.

Where the estate trustee deals with the home, the trustee's statements say whether they were appointed with a will or without one, and whether the property is subject to the deceased's debts or the debts have been paid in full.

Tax and estate costs to be aware of

Jointly owned assets that pass automatically to the surviving owner are left out of the estate's value when Estate Administration Tax is calculated. That can be a significant difference compared with a home that goes through the estate.

For income tax, a person is treated as having sold their property just before death, which can create a capital gain or loss on the home. The gain is deferred if the property passes to a spouse or common-law partner and becomes locked in for them no later than 36 months after death. An accountant can confirm how this applies to a jointly held home.

What to do next

• Get several certified copies of the death certificate.
• Find the current deed or title search and confirm whether the home was held jointly.
• Confirm whether the home was a matrimonial home and whether the Family Law Act statement applies.
• Ask a lawyer to prepare and register the survivorship application.
• If the home was in the deceased's name alone or shared with a third person, ask about the estate trustee's role before listing or transferring anything.
• Tell your accountant about the home so the final income tax return is handled properly.

Registration practice and forms can change, including how documents are submitted electronically, so a lawyer can confirm what the registry currently requires.

Frequently asked questions