Termination of Joint Tenancy

Matrimonial Home Spouse and One Other


I was looking on line for precedent to support the argument that 26(1) of the FLA does not sever a joint tenancy of a matrimonial home when there are 3 joint tenants, 2 of which are the spouses and 1 being a 3rd party.

I saw your article of July 23, 2019 which supports that line of thinking. Are you aware of any case law that supports that?


I am not aware of any cases on point.

However, this is the wording:

26 (1) If a spouse dies owning an interest in a matrimonial home as a joint tenant with a third person and not with the other spouse, the joint tenancy shall be deemed to have been severed immediately before the time of death.

This would preclude a spouse as a joint tenant. That’s not the purpose of the section. It was to provide rights in favour of a spouse who might have been overlooked.

Brian Madigan LL.B., Broker


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