Ontario property Survivorship application

Leveraging, renting vs owning, making an investment or buying a home?
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fireseeker
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Ontario property Survivorship application

Post by fireseeker » 29 Aug 2017 13:21

I'm hoping someone can help with a quick query: My FIL died two years ago. The only assets in his estate were a chequing account and the matrimonial home, both jointly held with my MIL. She now wishes to sell the house, but his name remains on title.
I gather a Survivorship application needs to be filed with the land registry office. I'm wondering if we need a RE lawyer, or whether I can help her fill out the simple form and submit it at the appropriate office.
https://files.ontario.ca/survivorship_a ... es_act.pdf
Has anybody gone through this process?

twa2w
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Re: Ontario property Survivorship application

Post by twa2w » 01 Sep 2017 00:31

At one time a survivor could show up at a land titles office with the appropriate documentation and have the change registered. However I understand that has now changed under Ontarios tteranet system and you now must be a registered user to file any documents. (although an individual can still do a title search in person I believe)

Your MIL will need a real estate lawyer to act on her behalf when she sells the house. In her situation, I believe the transfer from joint names to her name to new purchasers name should all be able to take place at the time of sale. Cost should be minimal and only one extra document to be filed.

IANAL so she should contact the lawyer she intends to use for the sale transaction. Explain the circumstances and confirm the process and what documents are needed.( likely a death certificate and certified true copy of will and legal description of propery so lawyer can pull title). Ensure she provides everything well in advance of closing.

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