Question: An elderly couple in their early ‘80’s meet, and decide to move in together. She had a townhouse and changed title to her daughter’s name. She has been in …
Can a Corporation Be a Joint Tenant?
From time to time people wonder whether a corporation can hold title as a joint tenant. After all, it can’t really die? Strange question, in fact, I have been asked …
Divorced: but still stuck together!
You probably never thought of this and it certainly doesn’t happen very often, but when it does it definitely causes havoc. Let’s take the case of Jim and Wendy. Wendy’s …
Be Sure About Beneficiary Designations
In a recent case, the Ontario Court of Appeal, Fair v. BMO Nesbitt Burns Inc., 2022 ONCA 711, looked into the issue of beneficiary designations, the fiduciary duties of an …
Common Law Separation and Real Estate Accounting
Question: I have a woman client, who bought a house in 2016, with her common law spouse. Both names were placed on title. My client leaves their common law spouse …
Common Law Property Rights
Often, couples living common law will mistakenly believe that they have equal ownership of the family home. This is not the case. They will only have equal ownership if they …
Wills for Everyone!
Everyone has a Will. The problem is that most people don’t know where it is. They have never seen it, they never signed it and they don’t know what it …
Matrimonial Home Designations in Ontario
Properties that qualify as matrimonial homes should ordinarily be presumed to be such unless there is good evidence to the contrary. Although it occurs infrequently, questions often arise about matrimonial …
Spousal Consent: Implied or Informed?
Now, we all know that the legal spouse must provide a consent under the Family Law Act in respect to the sale or mortgage of a matrimonial home. The real …
Property Division under Power of Sale
Question: There are 2 sellers on title, one moved out but continued to pay their half of mortgage. Seller in home missed two mortgage payments, so the Bank has implemented …