Joint Tenancy Severance and Death

If one joint tenant (A) out of three (A, B and C) sells his share to X, then X becomes tenants in common with joint tenants  B  and C.

Now if B dies the property has tenancy in common with X and C.

If unfortunately C also dies will X be the sole owner of the property?

Answer:

No, there was a severance of the Joint Tenancy as noted.

If B dies, his share goes to C. Now, C has two shares out of three.

If C dies, the two shares goes to his estate.

X receives nothing, since the Joint Tenancy was severed.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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