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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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I have a question regarding joint tenancy on a condo.

Customer Question

Hi, I have a question regarding joint tenancy on a condo. Currently I am on the condo title as a owner joint tenant with my step dad. My mother is now deceased. The two of us my step dad and myself are on the title. He has now developed Alzihenmers and needs assistance. His daughter has moved into to help him. It appears that his children are planning to move my step dad out either to live with his son or a assisted living home. His daughter who is currently residing there I beleive would like to take over the condo as her own and continue to reside in the condo. How does this affect the Joint tenancy. What happens if no tennant on title would be living there? My mothers intent was the joint tenancy right of surviorship for me. They would like their sister to live there for free. she would be unable to pay the living expesnes to remain because she is on aish. Currently she is selling most of the contents in a garage sale without her dads comprehending the outcome. His other daughter is in the process of evoking power of attorney. What would be the best couse of action to protect my interests in the condo? They are not revealing what their course of action is. However, I beleive they want to sell the condo and split the proceeds in half for thier family and half to me? From a legal stand point what the chances of right of surviorship or splitting the proceeds? Can the residing daughter stay in the premises without her father living there?
Blended families are so complicated. I would appreciate any advice you could provide. I would like to have my mothers wishes carried out but her step children have a different idea. Worst part is my mother passed intestate.
Thanks you
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Is your stepfather mentally competent to make decisions on his own at this point in time?If not, does his daughter have authority because she's been appointed under a power of attorney to make decisions on his behalf with respect to his financial matters?

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