What is joint tenancy in Alberta real estate?
Key takeaways
- Joint tenancy includes right of survivorship — the surviving owner inherits automatically on death, bypassing the will and probate.
- Both joint tenants must consent to a sale; neither can transfer their interest without severing the joint tenancy first.
- Severing the joint tenancy converts it to tenants-in-common, after which each share passes through the owner's estate.
Joint tenancy is one of two ways to co-own real property in Alberta. It is most commonly used by married couples, and it has significant consequences for estate planning that every Calgary homeowner should understand.
The four unities of joint tenancy
To create a valid joint tenancy, the ownership must have four "unities": unity of time (all owners acquired their interest at the same time), unity of title (all owners hold under the same instrument), unity of interest (all owners have identical shares), and unity of possession (all owners have equal right to the whole property). If any of these unities is broken, the joint tenancy severs and becomes tenants-in-common.
Right of survivorship
The defining feature of joint tenancy is the right of survivorship. When one joint tenant dies, their interest passes automatically and immediately to the surviving joint tenant(s), outside the deceased's estate, without probate, and regardless of what the will says. For a married couple holding their home in joint tenancy, this means the surviving spouse becomes the sole owner automatically on death. No probate required, no estate administration of the home's title.
How to register survivorship in Alberta
When one joint tenant dies, the surviving joint tenant(s) file a Survivorship Application with the Alberta Land Titles Office, supported by a certified copy of the death certificate. The title is then transferred into the survivor's name alone. This process typically takes 2–4 weeks and costs a few hundred dollars in legal fees, far less than probate.
Joint tenancy vs tenants-in-common for estate planning
Most married Calgary couples hold their home in joint tenancy for simplicity: survivor takes all, no probate required. However, if one spouse has significant debt, or if estate planning involves leaving the home to children from a previous relationship, tenants-in-common with a will may be more appropriate. Ryan recommends discussing ownership structure with an estate lawyer before purchasing any property.
Frequently asked questions
Does a will override joint tenancy?
Can one joint tenant sell their share without the other's consent?
Talk to Ryan Van Spengen
Calgary REALTOR® specialising in downsizing moves, plus upsizing, buying, and selling. Free consultation, no obligation.
Book a free callThis page is for general information only and does not constitute legal or tax advice. Consult a qualified Alberta lawyer or accountant for advice specific to your situation.
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