Joint Tenancy or the Will?


I have a client who wants to stay in her home. Her husband recently died and both names were on title (Joint Tenancy).

However the husband willed his half of the house to his daughters and they want their share now. Can they force her to sell? Or can she stay in the home without buying them out?


Interesting question. Unfortunately, none of the relevant facts happen to be mentioned, so it would be impossible to provide a response. Which was first: the Will, the Transfer/Deed or the marriage? The order should be indicative of the answer, unless we are also dealing with issues of mental capacity.

The last document should ordinarily prevail. A marriage might have revoked a Will up until January 2021. So, how old was the Will?

The Joint Tenancy could have been severed for 8 different reasons. Severance is easy to take place, but there must be notice to the other party.

In most cases, the Joint Tenancy will prevail. The person dies, the title automatically passes and then the next step would be the division of assets in the estate.

So, gather the facts and consult a lawyer.

Brian Madigan LL.B., Broker

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