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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101379
Experience:  Lawyer
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My husbands ex is on the deed to the house, do i, his wife,

Customer Question

My husbands ex is on the deed to the house, do i, his wife, have anyvright to the home after he passes
Submitted: 10 months ago.
Category: Canada Law
Expert:  Debra replied 10 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 10 months ago.

I am sorry to hear of this difficult and complicated situation.

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

What does he Will say about the house?

Customer: replied 10 months ago.
I beleive, they are on as joint tenants. He has not made up a Will, as of yet.
Expert:  Debra replied 10 months ago.

Does he want her to get the house when he dies? Or is that a requirement of their separation agreement?

Customer: replied 10 months ago.
There was no separation agreement, she only lived there for the first 2 years, and he has been there for since, as far as i know she has had nothing to do with the house or him for over 20 years.
Customer: replied 10 months ago.
he wants me to have the house. Is there a way to get her name off the title?
Expert:  Debra replied 10 months ago.

The first thing that he should do, because it is fast and easy and vital, is to sever the joint tenancy. That way, if he dies before this is resolved one half of the house would vest in his estate and not in her. When there are joint tenants when the first dies title vests in the second.

So he needs to see a lawyer at once to quickly deal with this - just in case.

I don't know what happened with their divorce judgment but as her name is ***** ***** if the divorce judgment did not deal with the house he may have to commence legal proceedings now if she will not agree to have her name removed . She would have very little to no interest in the house but there is no way to compel her to remove her name without a court order.

It could be that the same lawyer he sees to sever the joint tenancy could send her a letter threatening a lawsuit. Now that lawyer would not sue because a lawyer that will deal with the real estate issue essentially is not a litigation lawyer but may he may as well have that lawyer deal with everything at first and then if he has to sue her he would then retain a litigation lawyer commence the action.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 10 months ago.
he sever the joint tenancy, then they are just tenants-in-common? And she remains on the title, but then i would have a claim to the residence.They were never married, not sure if that matters. He seems to think that seeing as I am his wife I would get his share of the house.
Expert:  Debra replied 10 months ago.

You would get his share of the house if they sever the joint tenancy and he gives you his half in the Will.

But she is not entitled to half so please be sure he sees a lawyer.

Expert:  Debra replied 10 months ago.

Is there anything more I can help you with at this point in time?