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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101054
Experience:  Lawyer
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My husband and I own 3 properties in joint ownership. We are

Customer Question

My husband and I own 3 properties in joint ownership. We are now separated after 44 years and in making my Will I would want my half of all the properties after being sold could go to my kids and not my husband. Is this possible?
JA: Estate law can seem daunting, but getting accurate information now can save you headaches down the road. The attorneys we work with have a lot of experience, and I'd like to match you with the one who's the best fit. Have you consulted a lawyer yet?
Customer: No
JA: Is there anything else the Lawyer should be aware of?
Customer: I dont think so. No mortgages on any properties.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Have you divided up your assets yet?Is there a separation agreement or court order/judgment?Do you hold the title to these properties as joint tenants or tenants-in-common?
Customer: replied 1 year ago.
A- not everthing yet B-No C-Joint tenants
Expert:  Debra replied 1 year ago.
If the titles are held as joint tenants then the title vests in the survivor when the first of you dies. The assets do not form part of the estate and you Will will not deal with them. You can sever the joint tenancy and then you will hold title as tenants-in-common and your Will will direct where these assets go. So you can do that right away with the help of a real estate lawyer. But really you need to address the division of assets and then you will be free to deal with your assets as you see fit.