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Answered in 5 minutes by:
7/17/2009
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 5,336
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
VerifiedOK, Tim. I understand.
Where do you live?
Is a marriage contract feasible?
Have you talked to any lawyers about any of this?
How old are the children? By asking, I'm wondering how likely it is that you die before your wife while there are still minor children.
Tim, when you buy a home as a married couple, each spouse is automatically entitled to half of it's equity in value as well as equal possessory rights. This means that it doesn't really matter who is on title.
Since the kids presumably won't be making a claim against your estate for support (because they are all grown up), then I don't see why you can't make the children that you want to inherit the beneficiaries of your half of the value of Matrimonial Home in the will. If your wife is joint tenant, she'll have the right to live there for as long as the home is owned.
You should go see an estate lawyer to talk about the ins and out of this plan. It's doable.
Good luck.
Ulysses
please accept this answer so that I may receive credit for the time and attention I've given your matter.
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 5,336
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
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