How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law.Hut Your Own Question

Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7846
Experience:  with over 15 years experience.
Type Your Canada Law Question Here...
Law.Hut is online now
A new question is answered every 9 seconds

I currently have two cemetery plots that I purchased back in

Resolved Question:

I currently have two cemetery plots that I purchased back in 1980 when my first wife died.
These are both 4 grave plots, where you intern two per grave. These are both side by side in the Mount Pleasant Cemetery here in Toronto. These are on the east side of Mount Pleasant. In May of this year the law was changed where you can now sell those rights and I have seen adds in the paper and on Kijiji for other plots at Mount Pleasant.
The first plot is in use as my first wife is buried there and since then I have also buried her mother and father there. The plot next to it is mine and I am thinking of selling it or selling the rights to it.
On the Mount Pleasant Website 2 grave plots are starting at $25K and I cannot find out what mine is worth as it is not listed.
When I did call them last year about selling this the law was in place to allow this at that time. They said that if the law is changed I would not be able to sell it without a copy of the deed. I have not been able to find this deed. I have remarried since then and separated since then which means I have moved 4 times since then and I cannot locate this paperwork.

I know I am on file there with them, I have dealt with them in the past as I had to sign paperwork to allow my former in-laws to be buried there.

As they have records of all their plots etc should they not be able to provide me with a copy? I am concerned that if I say I don't have a copy that they could then play with their records and simply put it back in their possession saying I never did purchase it.

How do I go about this?

Also my ex wife has caught wind of this as is asking questions and feels that this was undeclared assets at the time of our legal separation. She did know about as she did state at the time that they were thinking about going after 50% of the value. This plot was bought way before I even knew her.

1. Are they obligated to provide me with a copy of the deed/paperwork if I go in and ask for it?
2. If they realize that I do not have the deed what is preventing them from just saying that it is part of their inventory and I have no rights to it?
3. Can my ex still come after me to get some the money if I were to sell it?

I am looking at selling it as I want to use the money to try and get rid of my debts or as much of it as I can.

Do I pay tax on the money from the sale?

Thank you.
Submitted: 3 years ago.
Category: Canada Law
Expert:  Fran-mod replied 3 years ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 3 years ago.
I am not in too much of a rush so I can wait but if you are capable of addressing it I am okay with that too.

Thank you,

Expert:  Fran-mod replied 3 years ago.
Thank you for your continued patience. We will continue the search for a professional for you.
Expert:  Law.Hut replied 3 years ago.
Hello:The cemetary would not have an obligation to give you a copy of the deed. But that does not mean that they can legally take the plot away from you or deny it is yours. If they do, you can sue, and as part of the lawsuit you would be able to demand production of records held by the cemetary to prove your claim. The fact that three family members of yours are buried there and there is undoubtedly paperwork about this will make it difficult for them to deny your claim.Can they alter or destroy paperwork to defeat your claim? Yes. That would be fraud, and you unfortunately may have no choice but to approach them about your lost deed (which they must deal with all the time), and trust that a large business is not going to risk lawsuits, and criminal charges, and very negative publicity, over what is o them a relatively small amount of money. You may have no other choice given your lack of paperwork, but if they want to cheat you then your lack of records might make that easier for them.Your ex wife will not likely have a valid claim. The asset was owned prior to marriage. It apparently had no market value at the date of the divorce if the law would not permit a sale, so there was n increase in market value during the marriage subject to division. She knew of the asset at the time your divorce was settled. The law is that a divorce settlement can be set aside if there is fraud, or a spouse has concealed or withheld information about a divisible asset. That is not the case here. Once the division of property is complete, if assets held by the individual spouses happen to go up, or down, in value, the gain or loss is taken by the owning spouse only, and is no longer subject to being shared with the former spouse.Upon a sale, the proceeds above the amount paid for the plot will be subject to income tax, as a capital gain. I hope this addresses each of your questions.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7846
Experience: with over 15 years experience.
Law.Hut and other Canada Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
< Previous | Next >
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
  • This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help. Mike Halifax, NS
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA

Meet The Experts:

  • Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    23 years in practice
< Last | Next >
  • Tom B.'s Avatar

    Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    23 years in practice
  • LawyerProfessor's Avatar



    Satisfied Customers:

    Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
  • B.R. Hart's Avatar

    B.R. Hart


    Satisfied Customers:

    Juris Doctor, Member of the Law Society of Upper Canada
  • Jeremie John Martin's Avatar

    Jeremie John Martin


    Satisfied Customers:

    I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
  • Sokkalaw's Avatar



    Satisfied Customers:

    Lawyer in Ontario, Canada
  • CaptanLaw's Avatar



    Satisfied Customers:

    I'm a criminal defence lawyer, who assists individuals charged with crimes.
  • Law Maven's Avatar

    Law Maven


    Satisfied Customers:

    Lawyer & Instructor at Algonquin Careers Academy