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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96485
Experience:  Lawyer
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I live in Ontario and I am married. I am planning to buy a

Customer Question

I live in Ontario and I am married. I am planning to buy a house in Ontario and I would like to know what happens if one of us passes away. How does the ownership changes and what are the rights of the surviving spouse. What happenes if I have kids from another marriage.. Can they take a share of my house after I pass away or it will be completely transferred to my surviving wife.
I would like to understand the law so I can make the right decision.
Regards
Submitted: 8 months ago.
Category: Canada Law
Expert:  Legal Ease replied 8 months ago.
Is there a separation agreement that deals with your estate ?
Customer: replied 8 months ago.
No Agreement
Customer: replied 8 months ago.
I would like to also know what are the recommendations in my case and Do I need to write a will to decide how my estate will be shared ?
Expert:  Legal Ease replied 8 months ago.
First, everyone should have a will. It doesn't make sense not to do a will. It will not cost very much and it leaves the people behind in a much better position who don't have to spend more time and money than is necessary.If you hold title as tenants in common then your half of the house will vest in your estate at the time of your death, presuming that you die first.If you hold the title as joint tenants and then title will vest in the surviving spouse. Your former spouse does not have any claim to any of these assets that you acquired after separation. Does that answer your question?
Customer: replied 8 months ago.
Thanks ... I am interested in knowing what my kids from my previous marriage are entitled for in both ownership cases ( Tenants in common) or ( Joint tenants).
Another question will be , Does ( tenants in common) offer financial immunity for my spouse in case I have claims against my personal assets? Will my debtors come after her part of the house ?
Thanks
Expert:  Legal Ease replied 8 months ago.

The kids are not entitled to anything you don't leave the in a Will.

They would only have a claim to a portion of your estate if there is no Will.

In that case if the house as we discussed if the house is held as joint tenants the house does not form part of your estate.

In terms of debtors, either way they can only seek your half of the equity in your house.

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