Question:
Can I sue my husband to have my name added to title on matrimonial home in Ontario?
We have been married for 41 yrs. The last two houses we owned were as joint tenants.
Because of a lawsuit our lawyer suggested I be kept off the title to limit damages.
My husband refuses to add me.
Answer:
This situation can become complicated. There are many additional facts which would be required in order to provide a correct answer.
First, with respect to the lawsuit. Yes, you can sue your husband. You will appreciate that a lawsuit will escalate matters to the point where you are really looking at termination of the marriage.
You have rights to sue:
- Under the Family Law Act,
- Under the Divorce Act,
- Under the law of contracts,
- Under the law of trusts, and
- Under the law of restitution for unjust enrichment.
So, you are certainly not without a remedy here!
Married for 41 years! That’s a long time. Have you gotten along well over that time period? Do you have children? Were there any prior marriages? Are there any children, yours or his, outside of your own marriage? These issues would complicate matters.
The fact that your previous two houses were held in joint tenancy suggests that this one should also be. You had equity. What happened to that? Was it rolled over?
The lawsuit presents a problem. Was this ever resolved? Is there a potential of liability in the future? Was this matter covered by insurance? Was the lawsuit involving both of you or just you?
On the assumption, that the lawsuit is now resolved, it would be reasonable for your husband to confirm your joint ownership. However, is that as tenants-in-common on a 50/50 basis, or joint tenancy which includes the right to survivorship?
What is the actual reason for your husband’s refusal?
Since the facts which are not described here might influence the correct decision, it is actually only realistic that you retain your own lawyer to about independent legal advice on your behalf. This would be someone other than the lawyer who acted for both of you and recommended that your name not be placed on title. There may have been very good legitimate reasons for this at the time, however are they still present today?
Brian Madigan LL.B., Broker
Comments 2
Thank you so much for your reply which i just saw by accident three days ago. I didn’t save your website obviously.
Just to complete this conversation and fill in the blanks.
1. This whole situation erupted when I tried to get my husband to tie up all the loose ends because no one was getting younger. He refuses to make a will. He refuses to add me to the house deed and got so angry that everything came out. I believe that answers your 1st question that if I pursue suing him that will be the end of our marriage. It ended that evening.
2. He has a daughter from a previous marriage who he has not kept in touch with and i believe she is 57. My husband is 81 and I am 69.
3. Yes our first 2 houses were joint tenancy and the proceeds were used to purchase the house we presently reside in. We have lived in this home for 38 yrs now married for 43 yrs and have 3 children.
4. The lawsuit was settled 38 yrs ago. We sold our previous house and couldn’t find another to buy so decided to rent. The owners sued me because I gave them post dated cheques at the request of my husband who couldn’t get there in time so asked me to go. I call this “I sold my soul for $5000.00”
I am ready to take this to the next level as he hasn’t budged and I’m very angry and at this point have a hard time looking at him or talking to him. Sick of hearing him say “this is MY house” and bring him back to reality.
5. what would be the reason for title to be in “ tenants in common” instead of joint tenants? I want Joint Tenants. I deserve it.
6. I have no idea why he is refusing to add me. I know he says he doesn’t want to move and wants to die in this house. To describe his personality I’d say Donald Trumps twin. Always lies, always secrets, very difficult to get anywhere in a conversation.
There is so much ego going on that it’s his way or no way.
Thank you again for responding. I did google searches and couldn’t find anything. It’s a relief to know that the law is on my side (fingers crossed)
Author
This is indeed a very difficult situation and it would probably be best for you to seek legal counsel now.
As you mentioned your marriage died that night. So, there is no advantage associated with delay.