Personal Finance

Selling a house with a joint title after one spouse passes

  • Last Updated:
  • Nov 10th, 2014 8:19 pm
Tags:
None
Sr. Member
Dec 4, 2004
730 posts
729 upvotes
GTA

Selling a house with a joint title after one spouse passes

My mom's house is jointly in her name an in my late father's name. My father passed away a few years ago, but we have not changed the title on the house to just my mom's name. She will be moving into a retirement condo mid-2015 so we are planning to list her house through an agent in early 2015.

My question is, does the title and deed to the property need to be changed to her name only now, before we list it, or can it be done after the sale, during the closing process by the RE lawyer? If it matters, the house is in Toronto.
9 replies
Deal Fanatic
User avatar
Jan 27, 2007
5116 posts
984 upvotes
T.
Call a lawyer to confirm but I would change it now to avoid any issues when the sale goes through.

Nobody likes surprises on closing day.
[QUOTE]I know you are, but what am I.... ;) [/QUOTE]
Deal Fanatic
Jul 3, 2011
6517 posts
3798 upvotes
Thornhill
_dc_ wrote: My mom's house is jointly in her name an in my late father's name. My father passed away a few years ago, but we have not changed the title on the house to just my mom's name. She will be moving into a retirement condo mid-2015 so we are planning to list her house through an agent in early 2015.

My question is, does the title and deed to the property need to be changed to her name only now, before we list it, or can it be done after the sale, during the closing process by the RE lawyer? If it matters, the house is in Toronto.
You or or your mother should have your lawyer transfer title accordingly prior to listing.

It might seem sordid but if that's not done, the registry will reflect both names even though the listing might not and an offer put together by either a Realtor or lawyer is likely to have your father's name as a seller and require his signature on the offer despite what the listing states or, pending proof of your mother's full assumption of title, a buyer could either withhold an offer or lose interest. Either way it unnecessarily prolongs and complicates the offer process.
Jr. Member
Apr 29, 2009
160 posts
37 upvotes
Ladysmith
Assuming they are on title as joint owners it's just a matter of a lawyer and a death certificate to get the title changed. The way houses are titled generally means when one person passes away the other gets full ownership bypassing wills, and estate taxes etc..
Deal Guru
User avatar
Feb 2, 2014
11231 posts
3350 upvotes
Toronto
Pretty easy process. You have to get a lawyer to complete an application for survivorship. Usually take a couple of days to process and then you can sell.

Since it's only a couple days and you are listing in 2015, you might as well get it done before you list.
Kevin Somnauth, CFA
Principal Broker/Owner - First Toronto Mortgage - MA (Ontario #13176, BC #X301007)
Real Estate Salesperson - Century 21 Innovative
Sr. Member
Dec 4, 2004
730 posts
729 upvotes
GTA
Thanks for all the responses. We've discussed with our agent and lawyer, listing won't be done until late January to early February so that gives us plenty of time to change the title.
Deal Addict
Jul 8, 2009
2028 posts
482 upvotes
Edmonton
I had to do this as executor for my parents when my mother died and several months later my dad died. It's pretty easy to do, but do it NOW rather than waiting. As has been said, no one likes surprises on closing day.
Sr. Member
Jul 18, 2009
679 posts
103 upvotes
You can do it either way, but the best way would be to change title before listing the property. Your real estate lawyer should be able to do a survivorship application very fast - even same day. It's a fairly simple application.
Sr. Member
Dec 4, 2004
730 posts
729 upvotes
GTA
Will a new deed be issued or is it just registering the records?
Deal Expert
User avatar
Jul 30, 2007
33237 posts
21166 upvotes
Toronto
electronic title registration this day.

Top