Property

What Happens to Your House When You Die in BC?

Q: Does a house automatically go to your spouse when you die in BC?

Only if the home is held in joint tenancy with right of survivorship. In that case, ownership automatically transfers to the surviving joint tenant. If the home is in your name alone or held as tenants in common, it becomes part of your estate and is distributed by your will or intestacy rules.

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

In joint tenancy, when one owner dies, their share automatically passes to the surviving owner(s). In tenancy in common, each owner's share becomes part of their estate and can be left to anyone in their will. Most married couples hold property in joint tenancy.

Q: Does my house go through probate in BC?

Joint tenancy property does not go through probate — it passes automatically to the survivor. Property held solely or as tenants in common forms part of the estate and typically requires probate for the executor to transfer or sell it.

Your home is likely your biggest asset. What happens to it after you die depends on one thing: how the title is held.

Updated April 2026 · 8 min read

Key Takeaways

Joint tenancy: the house automatically passes to the surviving owner — no probate
Sole ownership or tenants in common: the house goes through your estate
A surviving spouse has a right to the family home under BC's family law
How the title is registered matters more than what your will says
Check your title at the BC Land Title Office if you're unsure

It all depends on the title

In British Columbia, real property (land and buildings) is registered at the Land Title Office. How your name appears on that title determines what happens when you die. There are three main scenarios:

Scenario 1: Joint tenancy

If you and another person (usually your spouse) own the home as joint tenants with right of survivorship, the property automatically passes to the surviving joint tenant when you die.

The home does not become part of your estate
No probate is required for this asset
Your will cannot override joint tenancy — the right of survivorship takes precedence
The survivor needs to file a Form 17 at the Land Title Office with the death certificate to update the title

This is the most common arrangement for married and common-law couples in BC.

Scenario 2: Tenancy in common

If you and another person own the home as tenants in common, each of you owns a defined share (often 50/50, but it can be any split). When you die:

Your share becomes part of your estate
Your share is distributed according to your will (or intestacy rules if no will)
Probate is typically required for the executor to transfer your share
The other owner(s) keep their share unchanged

Tenancy in common is more common in investment properties, business partnerships, or situations where each owner wants to leave their share to different people.

Scenario 3: Sole ownership

If the home is in your name alone:

It becomes part of your estate
Your will determines who gets it
Without a will, intestacy rules apply — your spouse has priority
Probate is required for the executor to sell or transfer the property

The matrimonial home and spouse's rights

BC's Family Law Act gives spouses (married and common-law after 2 years) significant rights to the family home, regardless of whose name is on the title. These rights interact with estate law in important ways:

A surviving spouse may have a right to occupy the family home
If the will leaves the home to someone else, the spouse may be able to vary the will
Even if the deceased was the sole owner, the spouse may claim a share under family law

What about the mortgage?

A mortgage doesn't disappear when you die. The remaining balance becomes a debt of the estate (or the responsibility of the surviving joint tenant). Consider:

Mortgage insurance: If you have mortgage life insurance, it pays off the remaining balance
Life insurance: A life insurance policy can provide funds to pay the mortgage
Estate funds: The executor may use estate assets to pay off the mortgage, or the beneficiary inherits both the home and the debt

Property transfer tax

In most cases, transferring property to a surviving joint tenant or a beneficiary under a will is exempt from BC's property transfer tax. However, there are conditions and exceptions. The executor or beneficiary should verify the exemption applies before filing.

How to check your title

If you're not sure how your property is titled, you can search the BC Land Title Office online through their electronic filing system. A title search costs a small fee and shows exactly how ownership is registered — joint tenancy, tenancy in common, or sole ownership.

This is worth checking now. Many people assume they own their home in joint tenancy with their spouse, but the title may say otherwise — especially if the property was purchased before the relationship or transferred at some point.

Frequently asked questions

Does a house automatically go to your spouse when you die in BC?

Only if held in joint tenancy. Otherwise, it goes through the estate and is distributed by will or intestacy rules.

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

Joint tenancy: the survivor automatically inherits. Tenants in common: each owner's share goes through their estate.

Does my house go through probate in BC?

Joint tenancy property does not. Sole ownership and tenancy in common property typically does.

Disclaimer: This article provides general information about property and estate planning in British Columbia. It is not legal advice. Property law is complex and fact-specific. Always consult a qualified BC lawyer for your situation.