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  1. #1
    Join Date
    Aug 2007

    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
    Behind a Desk

    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

    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

    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.

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