The debt survives. It is either paid from the estate, covered by mortgage insurance, or assumed by whoever takes the property.
The Canadian position
Joint owners with survivorship take the property and the mortgage. Mortgage life insurance, if held, pays the balance.
The Islamic position
The mortgage is a debt of the estate, payable before the shares. Where the property passes by survivorship, the debt goes with it and never touches the faraid calculation.
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.
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
- Canadian Legal Information Institute — CanLII
- What to do when someone has died — Canada Revenue Agency
- Title insurance survey replacement ontario — Treadstone Law
- Severing joint tenancy ontario — Treadstone Law
- Registering spousal interest matrimonial home not on title ontario — Treadstone Law
- Short marriage spousal support entitlement — Treadstone Law
- Title insurance buying out of receivership ontario — Treadstone Law
- Joint tenancy with right of survivorship vs estate property ontario — Treadstone Law
- Wills & estates practice — Treadstone Law