How Taking Title Affects Your New Property
The type of ownership registered on a property will determine the legal rights to that property in the even of any disputes or rights of survivorship. At Blackburn Lawyers, we leverage our years of real estate experience to help you better understand the different types of ownership you can have on title.
If there is only one person or corporation purchasing the property; the title or the ownership will be registered just in the name of that person. For persons, we require the individual’s full name and date of birth.
If two or more people are acquiring a property there are two common ways in which the ownership may be registered:
When the property is owned by two or more persons as joint tenants, upon the death of one of the owners, their share of the property will automatically pass to the surviving joint tenant or joint tenants. This will happen even if the will of the deceased person states that the property is to pass to someone else. Each of the joint tenants must have an equal interest in the property.
This method of ownership is the most common one used when the property is owned by spouses. However, it can be used by others as well. The only restriction is if a husband or wife owned a home as joint tenants with someone other than their spouse and the home is occupied by the husband and wife as their matrimonial home than, in the event of the death of the spouse who owns a share of the property, their share will not automatically pass to the surviving joint tenant. This happens to protect the interest of the surviving spouse in the matrimonial home.
Tenants In Common
If title is owned by two or more persons as tenants in common, ownership does not have to be in equal shares. Ownership could be 50-50 but it could be in any other ratio that suits the needs of the parties such as 90-10. When title is taken in this fashion, then in the event of the death of one of the owners the deceased’s share will not automatically pass to the other owner or owners but rather it will be transferred to the beneficiary named in the will of the deceased owner, or if there is no will it shall be distributed in accordance with the laws of the province.
This method of ownership would generally be used where the owners are not spouses and where in the event of their death they wish their interest in the property to be distributed to persons other than the co-owner.
If you have any questions you should discuss the matter with your lawyer to ensure you do not take title to the property in a way that will produce unwanted results.
If you have a special situation such as the property being held in trust for a third party, or by members of a partnership, be certain to discuss it with your lawyer as additional documentation will have to be prepared.