How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100483
Experience:  Lawyer
Type Your Canada Law Question Here...
Debra is online now
A new question is answered every 9 seconds

About20 years ago my father made a joint tennant on our cottage

Customer Question

About20 years ago my father made a joint tennant on our cottage in Muskoka. My name appears with his on the tax roll. Recently I was informed that my father had given tenancy or perhaps ownership of this property to his second wife without my knowledge. How can I fid out what my status is with respect to the property and also how can I find out exactly what my father may have done.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
You can consult with any real estate lawyer in your province. For a nominal fee the lawyer can do a title search right from his desk in minutes. The lawyer will be able to tell you who is on title with you, and how title is held. From the sound of your post it seems like your father severed the joint tenancy and now you and his spouse will be on title as tenant-in-common. That means that when one of you dies your one half of the interest will vest in your estate and not in the other owner. Prior to this, when you and your father were on title as joint tenants, the survivor would inherit the full property, and half would not go to the deceased owner's estate.
Customer: replied 2 years ago.
Was he legally obliged to inform me that he was going to take this action and break the joint tenancy? If so what rights do I have to contest it?
Expert:  Debra replied 2 years ago.
No he was not obliged to let you know. It is his right and you have no grounds for contesting this. You could have done the same thing. There is no law that gives you the right to require a joint tenant to maintain title this way. Your father has the right to do what he wants with his half of the property unless you had some agreement to the contrary.
Customer: replied 2 years ago.
I have determined that my father has transferred property from Himself, to Himself. This means the joint tenancy is now severed. However as I understand it I still own my portion - he cannot do anything about that? Is that correct?
Expert:  Debra replied 2 years ago.
Yes so what he did was he severed the joint tenancy. Your half is yours and his half is his for now and I assume he will deal with it in his Will, as you should with your half of course.

Related Canada Law Questions