If it is held in joint tenancy, no — it passes to the surviving owner automatically and is never divided by the shares. If it is held as tenants in common, each share does form part of the estate.
The Canadian position
Joint tenancy carries a right of survivorship. Tenancy in common does not. Which one applies is recorded on title and is not always what the owners assumed.
Where a parent added an adult child to title, a court may find a resulting trust rather than a gift — meaning the property does form part of the estate after all.
The Islamic position
The family home is usually the largest asset. If it passes by survivorship it leaves the estate entirely, and the faraid shares apply only to what remains.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
What to do about it
- Check the title to find out how the property is actually held.
- Decide deliberately which structure you want.
- If you added a child to title for convenience, document what was intended.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Principal residence exemption — Canada Revenue Agency
- Canadian Legal Information Institute — CanLII
- What is title insurance ontario — Treadstone Law
- Matrimonial home one spouse never lived there — Treadstone Law
- Survivorship application after co owner dies ontario — Treadstone Law
- Spouse inherited property matrimonial home — Treadstone Law
- Can spouse sell matrimonial home without consent — Treadstone Law
- Matrimonial home equal right of possession ontario — Treadstone Law
- Wills & estates practice — Treadstone Law