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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101054
Experience:  Lawyer
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If a man owns house and lot with one wife, wife then passes

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If a man owns house and lot with one wife, wife then passes away then man remarries - the second wife predeseased the husband - does the second wife automatically own half the house and lot and is that part of her estate? The man then passes away - wouldn't he have had sole possession of the house and lot to be passed down to his benificiaries?
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When the man remarried was the second wife's name on title to the house?

If so were they on title as joint tenants or tenants-in-common?
Customer: replied 4 years ago.

I'm not sure if they were on the title together - will have to call his lawyer on Tuesday


Let me explain the law then.

When two owners are on title, the title vests in the second when the first dies, if they are on title as joint tenants.

If they are tenants-in-common then when the first dies the title of the half of the interest vests in the estate.

If there is no one else on title the the title vests in the estate.

Then the Will or the intestate succession provisions of the Act if there is no Will determines what happens to the house and the other assets.

Let me know if you need any further clarification.
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