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 …
Husband’s Right to the House after Wife’s Passing
Question: Husband and wife live in home. Wife is the only one on title. Wife passes away. Does home automatically transfer ownership or does it have to be willed? Answer: …
Investment Properties at Risk to Common Law Spouses
The Supreme Court of Canada just changed the rules on 19 February 2011. Periodically, the Court will conclude that existing laws are out of date with reality. The Court brought …
Execution of the Spousal Consent
Agreements of Purchase and Sale in Ontario contemplate the need for the execution of the Spousal Consent. Most married couples will own their matrimonial home in joint tenancy. In such …