Survivorship Applications

Close your real estate transaction with confidence. Available for virtual and in-person closing, we bring legal expertise to you in the most convenient and affordable way.

What is Survivorship?

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.

How It Works

01

Request Quote

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.

02

Upload Files

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.

03

Sign Agreement

Once your closing documents are ready, we will book an appointment to review and sign the documents with you. Depending upon your convenience and location, you can meet your lawyer in person or virtually. 

Documents We Need

Bring these documents to your Axess Law appointment:

an original or certified true copy of the deceased’s death certificate, from the funeral home, funeral director, or Service Ontario

copy of the property title or property ID

certificate of appointment of estate trustee from an Ontario probate court (if you have one)

  • Driver’s license
  • Canadian passport
  • Ontario photo card
  • Canadian citizenship card with photo
  • PR card with photo

Survivorship Rights in Ontario

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.

Survivorship and Matrimonial Homes in Ontario

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.

Who Gets the Matrimonial Home

When your spouse dies before you, Axess Law assists you to apply for right of survivorship. It works like this:

Legally married spouses have a right of survivorship to principal and secondary residences
You apply for your spouse's name to be removed from the titles to property
You have the right to live in the homes as long as you wish
When you pass on, the homes pass to beneficiaries in your Will

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Convenient Appointments

Make an appointment by calling +1.877.402.4207 or fill out our online booking form. Axess Law gives you the choice of booking an online or in-person appointment. Our lawyers are available 7 days a week, at times convenient for you. We can meet in person, by phone, email, or via a remote video call. In addition to these, there are 5 Axess Law offices located across the Greater Toronto Area – all with onsite parking or easily accessible by public transit.

Some FAQs

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.

Separated spouses keep their survivorship rights when their partner dies, but divorced spouses are only entitled to gifts left in Wills. Only if property division was incomplete and the divorce was not final can you exercise your right to your matrimonial homes.
If both you and your spouse die at the same time, your matrimonial home’s ownership is considered a tenant in common arrangement for Will’s purposes. Your beneficiaries inherit according to your Will or, when you die without a Will, Ontario’s intestacy rules.
Your lawyer will conduct a title search and prepare a survivorship application. We will register your application and advise government agencies of changes to update your property records.
Axess Law has remote video conferencing lawyers who can assist you anywhere in Ontario, 7 days a week. If you prefer, our Wills and estate lawyers can meet you in person at any of our Greater Toronto Area law offices.

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