A title transfer in Surrey decides who owns the home now and who inherits it later

What is the difference between joint tenancy and tenancy in common in BC?

In BC, joint tenants own the whole property together, and when one dies the survivor becomes sole owner without probate. Tenants in common each own a separate share, equal or unequal, that passes through that owner's estate. If title does not say which, the Property Law Act presumes the owners are tenants in common.

On the register, joint tenants appear with the words as joint tenants after their names; tenants in common appear with each one's fraction, such as an undivided half interest. Joint tenants always hold equally, so owners who contributed different amounts and want that reflected hold as tenants in common in stated shares.

Section 11 of the Property Law Act sets the default, though not for every kind of owner, so a lawyer reads what the title actually says rather than assuming.

Neither form is right in general. A couple whose children are all from that relationship often wants the survivor to have the home. A second marriage, a parent and adult child, or siblings usually want each share to go to the owner's own family. The choice should match each owner's will.

Is putting my child on title a good way to avoid probate?

Putting a child on title can keep the home out of probate, but it is often a poor trade. The child gains a legal interest that their creditors and spouse may reach, the parent needs the child's signature to sell or borrow, and the law may presume the child holds their share in trust for the parent's estate.

The attraction is real: an interest that passes to a child by survivorship is generally outside the estate on which the probate fee is calculated under the Probate Fee Act, and no grant is needed to register the child as owner.

The costs arrive sooner. A judgment against the child can be registered against their interest, and a trustee in bankruptcy can claim it. If the child separates, a gift from a parent to that child alone is generally excluded property under the Family Law Act, but growth in its value during the relationship may not be. And the parent can no longer sell or refinance without the child.

Adding a child can also be a disposition for income tax, and the principal residence exemption that shelters the parent does not shelter a share owned by a child who lives elsewhere. An accountant should see it first.

Then there is intention. When a parent puts an adult child on title without payment, the law presumes the child holds that interest in trust for the parent, and later for the estate, unless the evidence shows a gift was meant; the Supreme Court of Canada set this out in Pecore v. Pecore. A deed of gift or a declaration of trust signed at the time, and a will that says the same thing, goes a long way to settling the question.

A will, a trusted executor and an enduring power of attorney often meet the parent's real aims with less risk; the wills and estates pages cover them.

How do I remove a deceased joint owner from title?

To remove a deceased joint owner from title, the surviving joint tenant files a survivorship application at the LTSA with the death certificate. No grant of probate is needed for the joint tenancy interest, and once the application is registered the title shows the survivor as the sole owner of the home.

A lawyer or notary usually files it through LTSA's electronic system. Any mortgage stays registered, and the lender should be told of the death.

Registering survivorship is generally not taxed under the Property Transfer Tax Act, because nothing is bought or given; the survivor's ownership simply continues.

Then the follow-ups: insurance in the survivor's name, the Home Owner Grant claimed by the survivor on the next tax notice, mailing details with BC Assessment and the City of Surrey, the Speculation and Vacancy Tax declaration if one is required, and a review of the survivor's own will, which now governs the whole home.

A tenant in common's share is different: it is an estate asset, and the executor's route below applies.

How does an executor transfer a house to a beneficiary?

An executor transfers a house to a beneficiary in two registrations. First, with the grant of probate, the executor files a transmission application to become the registered owner for the estate. Then, once the estate is ready to distribute, the executor signs a Form A transfer to the beneficiary, filed with a Property Transfer Tax return.

Ready to distribute has a legal meaning. Under WESA s. 60, the will-maker's spouse and children can ask the court to vary a will that does not adequately provide for them, within 180 days from the grant, and WESA s. 155 stops the executor distributing for a period after the grant unless the beneficiaries consent or the court orders otherwise. An executor who transfers early takes on personal risk.

Some transfers from an estate to a beneficiary related to the person who died qualify for a tax exemption, often tied to how the home was used; others are taxed on the home's value.

The executor usually takes releases from the other beneficiaries first. Where the house goes to one beneficiary at an agreed value, everyone affected should sign off on that value; if that beneficiary is borrowing to pay the others, the refinancing page shows how it fits together.

Can I sever a joint tenancy without the other owner's agreement?

Yes, in BC one joint tenant can generally sever without the other's agreement by registering a transfer of their interest to themselves. Once that is registered, the owners hold as tenants in common, survivorship ends, and each share passes under its owner's will. Whether the other owner must be told first is less settled.

The Property Law Act allows an owner to transfer land to themselves, and BC courts have accepted a joint tenant's transfer to themselves as ending the joint tenancy. The resulting shares are equal unless the owners agree otherwise in writing.

On notice, the law is unsettled enough that telling the other owner is usually the safer course. A quiet severance, especially by someone who is very ill, invites a challenge.

A joint tenancy can also end by written agreement, a separation agreement dealing with the home, one owner selling their interest, or court order. Until something is registered, though, the title still shows a joint tenancy.

Owners sever when the reason for survivorship has gone: a separation, a second relationship with children on each side, or a falling out between siblings or friends who bought together.

What should separated spouses do about a joint tenancy?

Separated spouses who own as joint tenants should decide promptly whether to sever, because separation does not change the title. If one dies before the joint tenancy is severed or the home is dealt with, the other can generally apply to be registered as sole owner, leaving the estate to argue about it afterward.

WESA treats a will differently. Under s. 56, once spouses separate, a will gift to the former spouse and their appointment as executor generally fail as if the former spouse had died first: for married spouses on separation, and for unmarried spouses when the relationship ends, with no divorce needed. But s. 56 deals only with the will, so a joint tenancy keeps working until it is severed.

Division of family property under the Family Law Act does not depend on whose name is on title or how it is held, while excluded property, such as a gift or inheritance to one spouse, follows its own rules under ss. 84 and 85. Our guide to separating when you own a home and the property division page cover the rest.

Does a family title transfer need the lender's consent or trigger Property Transfer Tax?

A family title transfer on a mortgaged home usually needs the lender's consent, and it usually triggers Property Transfer Tax on the fair market value of the share transferred unless an exemption applies. Exemptions cover some transfers of a principal residence between related individuals, transfers between spouses, and transfers under a Family Law Act agreement or order.

Most residential mortgages require the lender's approval for a change of ownership, and the lender may ask the person coming onto title to sign the mortgage too.

Because the tax follows value rather than price, a gift is taxed like a sale unless it fits an exemption, and each exemption has conditions about the parties, the home's use and, for some, what happens after registration.

Every transfer also carries a transparency declaration under the Land Owner Transparency Act, stating whether the person taking title is a corporation, a trustee or a partner. A transfer meant to be held in trust for someone else needs that answered with care.