Survivorship Applications
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Survivorship is a right that protects multiple owners of a single property. It allows you to remain in your shared home when your spouse or partner dies, without having to wait for their Will or life insurance to be distributed. Axess Law attorneys provide you with professional legal advice on making a survivorship application in any situation. We prepare applicable documents in support of a survivorship application to legally register the change in property ownership quickly and efficiently.
Click on ‘Get Started’ button to receive a quote from us. If you decide to proceed, our customer care team will reach out to you within minutes to discuss the next steps.
You will receive a secure intake link in your inbox to submit your closing documents. After receiving your documents, we will work with the lender to prepare for closing while keeping you informed at all times.
Bring these documents to your Axess Law appointment:
copy of the property title or property ID
certificate of appointment of estate trustee from an Ontario probate court (if you have one)
What would you do if something happened to your spouse or someone else listed on the title to your property? When you buy a home with a spouse you are legally married to or become joint tenants, you acquire the right of survivorship. If your spouse or a co-owner dies before you, their property share is automatically distributed to the surviving joint tenants. You carry on as the owner, even if the deceased’s Will states otherwise. The right of survivorship in Ontario overrides probate or any other process that divides joint owners’ estates.
When a legally married couple owns a home as joint tenants, you have both matrimonial and survivorship rights. Even if your name is not on the property title, as surviving spouse you have a right to the matrimonial home, regardless of anything your partner may have stated in their personal Will. Unless the home must be sold to satisfy a bankruptcy, you can keep it by filing a survivorship application. That makes you liable for the mortgage and property tax payments, while you avoid estate administration taxes. When you pass on, you can leave the home to your children or other beneficiaries to your Will.
When your spouse dies before you, Axess Law assists you to apply for right of survivorship. It works like this:
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Common law partners in Ontario can be denied the family home unless the joint tenancy is arranged in advance on property titles. While legally married spouses have a right to matrimonial homes, common law spouses are only entitled to real estate they brought into a relationship or gifts left in personal Wills or cohabitation agreements.
Joint tenancy ensures the family home you shared is left to your partner by creating legal joint ownership rights.
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