Joint Ownership, Survivorship and Adding a Child to Title in Ontario
For many Ontario families, the home is the largest asset they own. Yet what happens to it after death is often decided years earlier, on the day the home was bought.
How you hold title, and whether anyone else is on it, can matter as much as what your will says. Here’s how it works and what to consider.
How you hold title matters
When two or more people own a property together in Ontario, they usually own it in one of two ways.
Joint tenancy (with right of survivorship). Each owner holds the whole property together. When one owner dies, the surviving owner generally becomes the sole owner automatically. The home passes outside the will and usually outside the estate, so estate administration tax doesn’t apply to it. The survivor typically registers the change on title with a death certificate.
Tenants in common. Each owner holds a separate share, such as 50/50 or 70/30. When one owner dies, their share doesn’t go to the other owner automatically. It passes under their will, or under Ontario’s intestacy rules if there is no will. That share usually goes through the estate, and estate administration tax may apply.
The way you hold title is set out in your deed, usually on closing. If a transfer to two or more people doesn’t say how they hold title, Ontario law generally presumes they are tenants in common.
| Question | Joint tenancy | Tenants in common |
| On one owner’s death | Survivor usually becomes sole owner | Share passes under the will |
| Goes through the estate | Usually no | Usually yes |
| Estate administration tax on the home | Usually no | Usually yes, on that share |
| Control over who inherits your share | Limited | Yes, through your will |
Why this matters in real families
Couples. Many spouses hold their home as joint tenants, so the survivor keeps the home without waiting for probate. That’s often exactly what people want.
Blended families. If you remarry and hold the home jointly with your new spouse, the home may pass entirely to them on your death. Your children from a previous relationship may receive nothing from it, even if your will says otherwise. Holding as tenants in common, combined with a carefully drafted will for a blended family, can give you more control.
Siblings, friends or unmarried co-owners. People who buy together often want their own share to go to their own family. Tenants in common, backed by a will and ideally a co-ownership agreement, usually fits better.
Married spouses. Spouses have additional rights under Ontario’s Family Law Act, including rights to the matrimonial home. These can affect your plan, so they should be considered together with your will.
Should I add my child to title?
Some parents add an adult child to title to avoid probate fees or make things simpler later. It can work in some situations, but it carries real risks:
- You may lose control. Once your child is on title, you generally need their consent to sell, refinance or mortgage the home.
- Their problems can become your home’s problems. A child’s creditors, bankruptcy or separation could put their share at risk.
- It may not do what you intended. When a parent adds an adult child to title without payment, Ontario courts may presume the child holds that share for the parent’s estate unless the parent’s intention to make a gift is clear. Disputes between siblings often start here.
- There may be tax and transfer costs. Capital gains can arise on the child’s share if the home isn’t their principal residence. Land transfer tax may apply in some situations, such as when a mortgage is involved.
The probate fees saved can be far smaller than these risks. If you are thinking about adding someone to title, get advice first and document your intentions clearly.
Other things that affect your home in your estate
Your mortgage. Unless your will says otherwise, a beneficiary who inherits your home generally takes it subject to the mortgage.
Cottages and rental properties. Your principal residence is generally sheltered from capital gains tax on death. A second property usually isn’t, and the tax can force a sale if there’s no plan to pay it.
No will. If you own your home alone, or as a tenant in common, and die without a will, your share is distributed under Ontario’s intestacy rules, which may not match your wishes.
Quick FAQs
If you hold it as joint tenants, your spouse usually becomes the sole owner automatically. If you hold it as tenants in common, your share passes under your will.
It is stated on your deed (the transfer registered on title). Your lawyer can check your title and confirm.
Often yes, by registering a new transfer, but it can have legal, tax and family law consequences. Get advice before changing it.
A home held as joint tenants with right of survivorship generally passes to the surviving owner outside the estate, so estate administration tax usually doesn’t apply to it.
It can create more problems than it solves, including loss of control, exposure to your child’s creditors and possible family disputes. Speak with a lawyer first.
Planning for your home, beyond the closing
The decisions you make when you buy a home can shape your estate for decades. If you’re wondering about what happens to your home when you die or other estate planning questions, Boardwalk Law’s real estate and estate planning lawyers work together, so your title, your will and your family’s wishes line up. Book a consultation.
Further reading
- Gifts of Property to Family Members in Ontario: What You Should Know First
- Beyond the Standard Closing: A Guide to Real Estate Transactions in Ontario
- Previously in the Beyond the Will series: Your Will Doesn’t Control Everything
- Next in the series: Your Estate Planning Checklist
