Question: A couple decides to “break up” and she decides to buy a condominium? Does the husband have to sign the spousal consent? Answer: The issue is whether or not …
Immediate Severance of Joint Tenancy under the Family Law Act
This is a situation that doesn’t occur every day, but it happens enough, and real estate agents need to be aware. Question: Assume A, B, and C hold the property …
Listing a Property with One Seller in Jail
Question: I was approached by a Wife who jointly owns a property with her husband. He was just sent to jail and they don’t get along. She wants to sell. …
Divorcing Couple Offer Presentation
Question: I have a listing with offer to be presented tonight at 8:00pm. Owners are husband and wife, divorcing. Wife has told me she does not want any more showings …
Use of Maiden Name Might Conceal Executions
Question: Is it proper to use the maiden name of a married woman, because the property was originally acquired in that name? Answer: Assume Mary Smith purchased the property and …
When Do People “living together” become Spouses?
It is easy enough to tell when people are married: there was a ceremony. And, if they forgot the date; it’s on the marriage certificate. But, what about couples who …
Spousal Intestacy
If a husband and wife are married with two kids and the husband who is the only one on title only passes away, what happens, if there is no Will?, …
No Deductions From House Value for Notional Real Estate Commissions
Let’s assume that Bob and Wilma don’t get along. They have been married for 20 years and for the last 12 years have resided in their present home. Somebody has …
The CMA for Divorcing Couples
From time to time agents will be asked to do a CMA (comparative market analysis), that is an opinion about the current value. These situations are always tricky. If it’s …
Termination of Joint Tenancy
Matrimonial Home Spouse and One Other Question: I was looking on line for precedent to support the argument that 26(1) of the FLA does not sever a joint tenancy of …