Joint Tenancy Severance Explained

Summary

In Ontario, a joint tenant can sever the joint tenancy by registering a deed to themselves, changing ownership to tenants in common without notifying the other party. This can impact property division, especially after a divorce. Reviewing the divorce agreement and consulting a lawyer is recommended to understand legal implications and explore options.

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The recent court decision of Re Murdoch and Barry * O.R. (2d) P. *, a decision of the Ontario High Court of Justice, has found that a joint tenant can sever the joint tenancy by executing and registering a deed or transfer to himself.
Hi there! It sounds like you have a question about the implications of the court decision in Re Murdoch and Barry regarding joint tenancy. Could you please provide more details about your situation or specific concerns? This will help me provide you with more relevant information.
ex husband made the change from joint tenancy to tenants in common without telling the ex wife who is co-owner of the property
In Ontario, an ex-husband can sever joint tenancy without notifying his ex-wife by registering a deed to himself, changing the ownership to tenants in common. However, the ex-wife should be informed. It might be beneficial to consult a lawyer to discuss potential legal actions or remedies.
Would you like assistance finding a lawyer who can help with your case?
he did this after the divorce that read divorce only form 8a
It sounds like a complex situation. In Ontario, if your ex-husband changed the joint tenancy to tenants in common after your divorce, it might have legal implications for property division.
You may want to:
- Review the divorce agreement (Form 8A).
- Consult a lawyer to explore your options regarding the property change.
Would you like help finding a lawyer who can assist you further?
yes
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Can you give me a bit more information about the issue?
how much does the lawyer charge
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Lawyer charges can vary widely depending on their experience, the complexity of the case, and the region. Some lawyers charge hourly rates, while others may offer a flat fee or contingency fee arrangement. It's best to discuss fees directly with the lawyer during your initial consultation.
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Accordingly, when a joint tenant presents a transfer to himself for registration in the land titles system, the land registrar should show the transferee in the aforementioned transfer as a tenant in common with the other registered owner or owners.
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It sounds like you have a potentially high-value case. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you please provide your name?
the co owner was never notified of any change
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It seems like a significant legal issue regarding property rights after a divorce. Do you have any specific questions or concerns about what actions you can take next?
can it be overturned
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It sounds like a substantial legal matter. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you please provide your name?
can the lawyer win
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In Ontario, whether a lawyer can win such a case depends on various factors, including the specifics of the divorce agreement and the manner in which the property transfer was executed. Here are some points:
- Reviewing Divorce Agreement: Check the terms of the divorce settlement, especially any clauses related to property division.
- Legal Notification: The ex-wife should have been informed about the change from joint tenancy to tenants in common.
Would you like to be connected to local lawyers who can better assist with your case? If so, could you please provide your name?
divorce agreement was divorce only form 8a
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Given the complexity of property division and the legal implications of the change from joint tenancy to tenants in common without notification, it would be beneficial to consult with a lawyer.
To better assist, can you provide your name?
but the law states that one tenant can make the change without telling the other
Case Rating: *
In Ontario, while one joint tenant can sever the joint tenancy without notifying the other, it is important to understand the legal implications of this and whether it aligns with the divorce agreement. Consulting a lawyer can help clarify your position and explore your options.
Would you like to be connected to local lawyers who can better assist you with your case? If so, could you please provide your name?