Results 1 to 4 of 4
  1. #1
    Join Date
    Aug 2007
    Posts
    2

    Default Revoking Joint Tenancy

    My Mother owns some property in Ontario near Algonquin Park and entered into a joint tenancy with my eldest sister because she was afraid my father would force her to sell in their divorce. She now regrets that decision and would like to leave the property to all 4 of her daughters but my sister has refused to make the change.

    Is there any point to pursue this legally? If we do make that decision, where do we start?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,068

    Default Re: Revoking Joint Tenancy

    Is this a joint tenancy with a right of survivorship?

    Absent facts you haven't disclosed, most of which would prevent your mother from reconveying the land (e.g., she's not mentally competent), your mother is not going to be able to undo the prior deed. If she wishes to do so, she should consult a real estate lawyer.

    The easiest thing for your mother to do, assuming her assets are sufficient, would be to set up an estate plan which conveys other property to the other daughters, in lieu of the share of the real estate she is unable to convey equally.

  3. #3
    Join Date
    Aug 2007
    Posts
    2

    Default Re: Revoking Joint Tenancy

    Yes, this is a joint tenancy with a right to survivorship. She is quite compitent but easily manipulated by my sister. She basically had no other assets, this property has been in our family for 60 years.

    Can she sell the 3 of us the remainder of the land without my sisters signature?

  4. #4
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Revoking Joint Tenancy

    I don't know Canadian law, but in most US states, such an action would destroy the joint tenancy and leave you three as tenants in common with the other tenant.

    You really need a real estate lawyer.

    1. Sponsored Links
       

Similar Threads

  1. Bankruptcy Issues: Joint Tenancy And Bankruptcy
    By fermhanly in forum Bankruptcy Law
    Replies: 1
    Last Post: 03-21-2008, 02:45 PM
  2. Joint Tenancy Problem
    By strawgrasper in forum Estate Administration and Probate
    Replies: 3
    Last Post: 03-07-2008, 08:40 PM
  3. Chapter 7: Joint Tenancy In Bankruptcy
    By jhammer in forum Bankruptcy Law
    Replies: 3
    Last Post: 12-22-2007, 08:04 PM
  4. Revoking Joint Tenancy
    By coolbean98 in forum Ownership and Title
    Replies: 1
    Last Post: 12-13-2007, 05:55 AM
  5. Joint Tenancy and Right Of Survivorship
    By bluedeuce4 in forum Estate Administration and Probate
    Replies: 2
    Last Post: 02-19-2007, 06:16 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Real Estate Forms
Real estate forms and contracts, state specific, immediate download.




Untitled Document