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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101418
Experience:  Lawyer
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A few yrs ago my husband and I separated and divorced,I told

Customer Question

a few yrs ago my husband and I separated and divorced,I told him when I left all I wanted was 5000. dollars to start over on my own and he could continue to live in the house I didn't make him sell it as our children(all adults) were upset he has passed away with no will and a new wife from china and her lawyer is insisting I have to sign off on the house(take my name off the title)what are my options
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Are you on title as joint tenants or tenants-in-common?

Customer: replied 2 years ago.
joint tenants
Expert:  Debra replied 2 years ago.

Then the property vested in you at the time of your former spouse's death. It has nothing to do with his estates that he has left. It does not form part of the estate.

There is no reason why you would take your name off the title in any event but as the lawyer must know unless the lawyer is in China is that this property is now yours.

I suggest that you tell the lawyer that the new wife has no claim to your house and have while yout former spouse was permitted to live in it during his lifetime title has now vested in you and you will not be relinquishing any interest in the house to his new spouse.

Let me know if you need further clarification.