Am I on title?

Am I on Title? When only one spouse is on the house title in BC

I’m often asked: “Am I on title?”

And I frequently see couples where the answer is no — only one person is registered as the owner.

This comes up a lot with elderly couples that have owned their home for decades and never needed to check the title. But also with younger couples where one person bought before the relationship, qualified for financing, or the other spouse was not included in the purchase transaction.

In British Columbia, title is a land registry record. It does not automatically update because you got married, moved in together, or helped pay the mortgage.

1 – Check the title first

Before you guess, confirm the title.

A title search tells you:

  • who is registered on the title
  • whether ownership is joint tenants or tenants in common
  • whether there are mortgages, other registered charges or notations

A practical note: a civic address isn’t enough to search title directly. You typically need a PID (Parcel Identifier) or legal description, and you can often find the PID through BC Assessment. 

2 – Why do couples end up with only one spouse on title?

This is common in BC — and usually not intentional. Most couples don’t sit down and decide “only one of us should own the home.” It’s more often a default paperwork outcome made under time pressure that never gets revisited.

  • Elderly couples: many long-married households, the home was registered only in the husband’s name, as that was more common at the time, and no one has updated it.
  • One spouse handled the purchase: only one spouse signs the mortgage and purchase documents with the lawyer/notary.
  • Family Assistance: parents/family contribute or cosign the mortgage and own an interest in the home.
  • Purchased before the relationship: one spouse bought the home first and title was never changed later.
  • We’ll fix it later: couples intend to add the other spouse to title or update documents at mortgage renewal, but it stays on the to-do list.

3 – The biggest risks when only one spouse is on title

This is where “we’ve never had a problem” turns into a problem — usually at the worst possible time.

If only one spouse is on title, the risk isn’t theoretical. It shows up in three predictable moments: death, incapacity, and separation.

a) Death: the home may require probate

If the home is registered only in the deceased’s name, the executor will often need a Grant of Probate before the Land Title Office will allow the executor transfer or sell the property. In plain language: no grant = no ability to deal with the home in many situations.

That’s why the first step for executors is always the same: confirm how the home is held on title, then build the asset list and confirm what each institution requires. Learn more: Read our checklist for executors

A quick title reality check:

  • Sole ownership (one name on title): the home is commonly treated as an estate asset, and probate is often required to transfer or sell.
  • Joint tenancy: the deceased’s interest typically passes to the surviving joint tenant by right of survivorship, outside the estate.
  • Tenants in common: the deceased’s share generally forms part of the estate, which often means probate (and the deceased’s share of the home passes to the beneficiary(ies) in the Will or intestacy rules).

And if there is no will, BC’s intestacy rules apply — which can produce outcomes families don’t expect, especially in blended family situations. Learn more: What happens if I die without a Will in BC?

b) Incapacity: your spouse can’t just fix

A lot of couples assume, “If something happens to me, my spouse can deal with the house.” In BC, that’s often not true.

If the registered owner on the title to the home becomes incapable, the other spouse does not automatically have legal authority to manage finances, refinance, sell, or sign documents related to the home.

Without an Enduring Power of Attorney, families can face delay, added expense, and sometimes a court process before anyone can act. Learn more: Enduring Power of Attorney in BC

c) Separation: title can equal control

If only one spouse is on title, that spouse may be able to list the home, refinance it, or register a new mortgage even while a separation is unfolding so the other spouse can be left trying to “catch up” after the fact.

If you’re separating and you’re not on title, the practical risk is this: the titled spouse could sell, transfer, or encumber (mortgage/refinance) the home before property division is resolved.

What tools exist to protect the home during separation?
 
Certificate of Pending Litigation (CPL): in a property division claim, a party can register a CPL against title to “freeze” changes, which can make actions like selling or refinancing difficult until the litigation is resolved.

Land (Spouse Protection) Act: if you’re a spouse but not on title, you can register a homestead entry so the titled spouse generally can’t sell or mortgage/refinance the home without your written consent (unless a court order permits it).

If separation is on the horizon and only one spouse is on title, it’s worth getting advice early because the issue isn’t just “who gets what later” — it’s who can do what right now.

4 – What can you do if only one spouse is on title?

There isn’t one universal fix. The right approach depends on your goals (and your family situation).

Common options include:

– Update title to both spouses who hold title as joint tenants.
– Keep title as-is, but make sure your Will and Enduring Power of Attorney are in place.
– In some situations, consider the Land (Spouse Protection) or a Certificate of Pending Litigation. 

Planning is much easier (and usually much cheaper) before there’s a crisis.

What to do next

If you’re not sure whether you’re on title — or you know you’re not — the best next steps are:

1. Confirm the title (who owns it and how it’s held), and
2. Make sure your plan covers the “big three”: death, incapacity, and separation risk.

If you are in Terrace or Northwestern BC and you would like help reviewing your title and estate plan, you can request a consultation below or call our office.

Request a Consultation

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