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FAQs

What is the difference between joint tenants and tenants in common?

When title to real property is held as joint tenants, this means that if one owner should die, title will pass to the survivor by right of survivorship, outside of the deceased owner’s Will. The registration of the death certificate within a Survivorship Application is all that is necessary to change the title. This method of taking title is often used by married couples.

Title may be taken by two or more persons as tenants in common. In this case, if one owner should die, his or her share of the real property would fall into his or her estate to be dealt with in accordance with his or her Will, potentially requiring court approval (probate). The surviving owner would retain only his or her undivided interest in the property.

© 2015 Lawrence, Lawrence, Stevenson LLP

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43 Queen Street West, Brampton, ON, Canada L6Y 1L9
Telephone: 905.451.3040 Fax: 905.451.5058 Email: lls@lawrences.com

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