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Legal Ease
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Category: Canada Law
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My wife and daughter own a house in Ontario as Tenants in

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My wife and daughter own a house in Ontario as 'Tenants in Common'. My daughter has 2 liens against the house that my daughter signed for ($10K and $30K). We are looking to sell the house. There is a $50K mortgage on the house. If we sell the house for $100K the capital gain would be $50K. Do these liens apply against my wife's portion of the gain or just my daughters?
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

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As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

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The liens can only affect your daughter's portion of the equity. Your wife's equity is safe as the debts are not hers.

Let me know if you need any further clarification.
Customer: replied 3 years ago.

If it was 'joint tenants' would the answer be the same? It isn't but since I am getting conflicting stories from lawyers I need to know. Thanks. Jim.

The answer is the same.

The difference in that case really just comes into play if the house is still owned when the first dies.
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Thanks and take good care!
Customer: replied 3 years ago.


I already gave you a positive rating and you were paid. Your email asks for more info but I don't see any request for more info. Thanks. Jim.

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