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Joint Tenancy Change Rules
Summary
In Ontario, an ex-spouse cannot unilaterally change joint tenancy to tenants in common without the others consent, regardless of divorce papers. Both parties must agree and sign necessary documents. Verify property title at the Land Registry Office or consult a real estate lawyer for guidance. If you suspect unauthorized changes, legal advice is recommended.Full Conversation
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If you suspect your ex-husband has changed the joint tenancy to tenants in common without your knowledge, you should:
- Check the title of the property at the Land Registry Office.
- Consult a real estate lawyer for legal advice.
Would you like help finding a local lawyer to assist with this issue?
- Check the title of the property at the Land Registry Office.
- Consult a real estate lawyer for legal advice.
Would you like help finding a local lawyer to assist with this issue?
if both the tenants in common are on home insurance does effect personal debts owed when one dies? ex credit cards lawyer fees?
When one tenant in common dies, their share of the property is considered part of their estate and will be subject to their personal debts, such as credit cards and lawyer fees. The remaining tenant in common does not inherit the deceased's share automatically.
Do you have any other questions or need further clarification on this topic?
Do you have any other questions or need further clarification on this topic?
futher clarification
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When one tenant in common dies, their share of the property becomes part of their estate. This means that any debts they owe, like credit card debts or lawyer fees, will need to be settled from their estate. The surviving tenant in common does not automatically inherit the deceased's share.
Do you have any specific concerns regarding how this affects your situation?
When one tenant in common dies, their share of the property becomes part of their estate. This means that any debts they owe, like credit card debts or lawyer fees, will need to be settled from their estate. The surviving tenant in common does not automatically inherit the deceased's share.
Do you have any specific concerns regarding how this affects your situation?
if the divorce papers say divorce only and theirs is no mention of property or assets can the ex husband change joint tenancy to tenants in common without telling the ex wife?
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In Ontario, to change a joint tenancy to tenants in common, both parties must agree and sign the necessary documents. If your divorce papers do not mention property or assets, it does not give your ex-husband the right to unilaterally change the ownership.
Would you like to check the title of the property at the Land Registry Office or seek legal advice from a local lawyer?
In Ontario, to change a joint tenancy to tenants in common, both parties must agree and sign the necessary documents. If your divorce papers do not mention property or assets, it does not give your ex-husband the right to unilaterally change the ownership.
Would you like to check the title of the property at the Land Registry Office or seek legal advice from a local lawyer?
yes i would like to check title
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To check the title of the property, you can visit the Land Registry Office in Ontario or use the online services provided by ServiceOntario. Here is what you need to do:
- Visit the ServiceOntario website.
- Search for the title search service.
- Follow the instructions to access the property title records.
Would you like further assistance or have any other questions?
To check the title of the property, you can visit the Land Registry Office in Ontario or use the online services provided by ServiceOntario. Here is what you need to do:
- Visit the ServiceOntario website.
- Search for the title search service.
- Follow the instructions to access the property title records.
Would you like further assistance or have any other questions?
i cant get records
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If you're unable to access the records through ServiceOntario, you might need to visit a Land Registry Office in person or consult with a real estate lawyer to assist you. Would you like information on how to find a local Land Registry Office or need further legal advice?
If you're unable to access the records through ServiceOntario, you might need to visit a Land Registry Office in person or consult with a real estate lawyer to assist you. Would you like information on how to find a local Land Registry Office or need further legal advice?
if both tenants in common are on home insurance and one owner dies is the other liable for personal debts ex credit card layers accountants?
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When one tenant in common dies, their share of the property becomes part of their estate, and their personal debts, such as credit cards and lawyer fees, need to be settled from their estate. The surviving tenant in common is not liable for the deceased's personal debts.
Would you like more information on how to handle the deceased's estate or any other legal questions?
When one tenant in common dies, their share of the property becomes part of their estate, and their personal debts, such as credit cards and lawyer fees, need to be settled from their estate. The surviving tenant in common is not liable for the deceased's personal debts.
Would you like more information on how to handle the deceased's estate or any other legal questions?
if the house sell bellow the assessment value how does that effect the gains tax
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Selling a house below its assessment value will generally reduce the amount of capital gains tax you have to pay, as capital gains are calculated based on the difference between the selling price and the purchase price (or adjusted cost base).
Would you like more detailed guidance on capital gains tax implications, or any other related legal questions?
Selling a house below its assessment value will generally reduce the amount of capital gains tax you have to pay, as capital gains are calculated based on the difference between the selling price and the purchase price (or adjusted cost base).
Would you like more detailed guidance on capital gains tax implications, or any other related legal questions?
can a tenant in common gift their half of house to family
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Yes, a tenant in common can gift their half of the house to a family member. They have the right to transfer their share of the property without the consent of the other tenant in common.
Is there anything specific you would like to know about the process?
Yes, a tenant in common can gift their half of the house to a family member. They have the right to transfer their share of the property without the consent of the other tenant in common.
Is there anything specific you would like to know about the process?
what are the taxes on the gift
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In Ontario, when you gift property, the gift is considered a "deemed disposition" for tax purposes. This means that the giver may have to pay capital gains tax on the increase in value of the property from the time they acquired it to the time of the gift.
Would you like more information about capital gains tax or the process of gifting property?
In Ontario, when you gift property, the gift is considered a "deemed disposition" for tax purposes. This means that the giver may have to pay capital gains tax on the increase in value of the property from the time they acquired it to the time of the gift.
Would you like more information about capital gains tax or the process of gifting property?
can a tenant in common sell their half of the house for a low amount like twenty thousand dolars
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Yes, a tenant in common can sell their half of the house for a low amount like twenty thousand dollars. However, this may have tax implications, including capital gains tax on the difference between the selling price and the value when they acquired their share.
Do you have any other questions about the implications of this sale?
Yes, a tenant in common can sell their half of the house for a low amount like twenty thousand dollars. However, this may have tax implications, including capital gains tax on the difference between the selling price and the value when they acquired their share.
Do you have any other questions about the implications of this sale?
can one member of joint tenancy change property to tenants in common and not tell the other person?
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In Ontario, a joint tenant cannot unilaterally change the property to tenants in common without the consent of the other joint tenant. Both parties must agree to the change and sign the necessary documents.
Do you have any other questions or need further clarification on this topic?
In Ontario, a joint tenant cannot unilaterally change the property to tenants in common without the consent of the other joint tenant. Both parties must agree to the change and sign the necessary documents.
Do you have any other questions or need further clarification on this topic?
what if the couple is divroced?
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In Ontario, even if the couple is divorced, one ex-spouse cannot unilaterally change joint tenancy to tenants in common without the consent of the other ex-spouse. Both parties must agree and sign the necessary documents for such a change.
Is there anything more specific you need to know about this process?
In Ontario, even if the couple is divorced, one ex-spouse cannot unilaterally change joint tenancy to tenants in common without the consent of the other ex-spouse. Both parties must agree and sign the necessary documents for such a change.
Is there anything more specific you need to know about this process?
how long has this been law
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This has been the law in Ontario for a considerable time. The requirement for both parties to consent and sign documents to change joint tenancy to tenants in common is a fundamental principle of property law.
Do you have any other questions or need further clarification?
This has been the law in Ontario for a considerable time. The requirement for both parties to consent and sign documents to change joint tenancy to tenants in common is a fundamental principle of property law.
Do you have any other questions or need further clarification?
how many years has this law been in excitence
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The requirement for both parties to consent and sign documents to change joint tenancy to tenants in common has been a fundamental principle of property law in Ontario for many years. The exact duration may be challenging to pinpoint, but it’s a well-established legal standard.
Do you have any other questions or need further clarification?
The requirement for both parties to consent and sign documents to change joint tenancy to tenants in common has been a fundamental principle of property law in Ontario for many years. The exact duration may be challenging to pinpoint, but it’s a well-established legal standard.
Do you have any other questions or need further clarification?
can one member of joint tenancy change property to tenants in common and not tell the other person? even if that person is not living in the house
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In Ontario, even if one joint tenant is not living in the house, they cannot unilaterally change the property to tenants in common without the consent of the other joint tenant. Both parties must agree and sign the necessary documents for such a change.
Would you like more information on how to check the title of the property, or do you have other questions?
In Ontario, even if one joint tenant is not living in the house, they cannot unilaterally change the property to tenants in common without the consent of the other joint tenant. Both parties must agree and sign the necessary documents for such a change.
Would you like more information on how to check the title of the property, or do you have other questions?
divorce papers mention divorce only. their was no mention of the property or assets. can on ex partner change joint tenancy to tenants in common without telling other partner/
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In Ontario, an ex-partner cannot unilaterally change a joint tenancy to tenants in common without the other partner's consent, regardless of the divorce papers. Both parties must agree and sign the necessary documents.
Would you like more information on how to check the title of the property, or do you have other questions about this?
In Ontario, an ex-partner cannot unilaterally change a joint tenancy to tenants in common without the other partner's consent, regardless of the divorce papers. Both parties must agree and sign the necessary documents.
Would you like more information on how to check the title of the property, or do you have other questions about this?
can on partner forge paper work from joint tenancy to tenants in common?
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Forging paperwork is illegal and considered fraud. If you suspect that your ex-partner has forged documents to change joint tenancy to tenants in common, you should consult with a real estate lawyer and potentially report the forgery to the police.
Would you like information on how to find a local lawyer to assist with this issue?
Forging paperwork is illegal and considered fraud. If you suspect that your ex-partner has forged documents to change joint tenancy to tenants in common, you should consult with a real estate lawyer and potentially report the forgery to the police.
Would you like information on how to find a local lawyer to assist with this issue?
if the ex husband goes to change the joint tenancy to tenants in common does that lawyer look for divorce papers or contact the ex wife?
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In Ontario, if an ex-husband attempts to change the joint tenancy to tenants in common, the lawyer would typically:
- Ensure both parties consent by obtaining signatures.
- Verify the authenticity of documents, potentially including divorce papers.
Is there anything else you need clarification on?
In Ontario, if an ex-husband attempts to change the joint tenancy to tenants in common, the lawyer would typically:
- Ensure both parties consent by obtaining signatures.
- Verify the authenticity of documents, potentially including divorce papers.
Is there anything else you need clarification on?
the ex wife was never ask, or told and their was no phone call or letter from the lawyer asking for permission or signature.
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It appears that your ex-husband may have attempted to change the joint tenancy to tenants in common without your consent, which is illegal in Ontario. You should consult a real estate lawyer to address this issue.
Would you like more information on how to find a local real estate lawyer or any other legal questions?
It appears that your ex-husband may have attempted to change the joint tenancy to tenants in common without your consent, which is illegal in Ontario. You should consult a real estate lawyer to address this issue.
Would you like more information on how to find a local real estate lawyer or any other legal questions?
the ex husband is now dead and it happened six years earlier.
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Given that your ex-husband has passed away and you suspect that there may have been an illegal change in the property title, it's crucial to verify the current status of the property's title.
Here are steps you can take:
- Visit the Land Registry Office or ServiceOntario to check the current title status.
- Consult with a real estate lawyer to review your case and advise on any actions you can take.
Would you like more information on how to find a local real estate lawyer or any other legal questions?
Given that your ex-husband has passed away and you suspect that there may have been an illegal change in the property title, it's crucial to verify the current status of the property's title.
Here are steps you can take:
- Visit the Land Registry Office or ServiceOntario to check the current title status.
- Consult with a real estate lawyer to review your case and advise on any actions you can take.
Would you like more information on how to find a local real estate lawyer or any other legal questions?
if the divorce papers only mention divorce and theirs no mention of property can the ex husband change joint tenancy to tenants in common without telling ex wife?
Case Rating: *
In Ontario, an ex-husband cannot unilaterally change joint tenancy to tenants in common without the ex-wife's consent, even if the divorce papers only mention divorce and do not address property. Both parties must agree and sign the necessary documents for such a change.
Do you have any other questions or need further clarification on this topic?
In Ontario, an ex-husband cannot unilaterally change joint tenancy to tenants in common without the ex-wife's consent, even if the divorce papers only mention divorce and do not address property. Both parties must agree and sign the necessary documents for such a change.
Do you have any other questions or need further clarification on this topic?
So the in divorce only the other party does not lose joint tenancy rights?
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In a divorce, joint tenancy rights are not automatically lost by either party. Any change from joint tenancy to tenants in common requires mutual consent and signed documentation from both parties.
Would you like more information on how to check the title of the property, or do you have other questions?
In a divorce, joint tenancy rights are not automatically lost by either party. Any change from joint tenancy to tenants in common requires mutual consent and signed documentation from both parties.
Would you like more information on how to check the title of the property, or do you have other questions?
How can I prove the ex husband changed from joint tenancy with right to survivorship to tenants in common ?
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To prove that your ex-husband changed the ownership from joint tenancy with right to survivorship to tenants in common, you can:
- Obtain the current title of the property from the Land Registry Office or through ServiceOntario.
- Look for any registered changes in ownership.
- Consult with a real estate lawyer for legal guidance.
Would you like assistance with finding a local lawyer or have any other questions?
To prove that your ex-husband changed the ownership from joint tenancy with right to survivorship to tenants in common, you can:
- Obtain the current title of the property from the Land Registry Office or through ServiceOntario.
- Look for any registered changes in ownership.
- Consult with a real estate lawyer for legal guidance.
Would you like assistance with finding a local lawyer or have any other questions?
What if their is no proof at the land registry office?
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If there is no proof at the Land Registry Office, it indicates that the ownership change may not have been legally processed. Here are the steps you can take:
- Consult a real estate lawyer to investigate further.
- Consider obtaining a court order to clarify the ownership status.
Do you have any other questions or need further assistance on this topic?
If there is no proof at the Land Registry Office, it indicates that the ownership change may not have been legally processed. Here are the steps you can take:
- Consult a real estate lawyer to investigate further.
- Consider obtaining a court order to clarify the ownership status.
Do you have any other questions or need further assistance on this topic?
what is an instrument
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In legal terms, an instrument refers to a formal legal document or contract, such as a deed, will, promissory note, or other written legal agreements. These documents are used to create, modify, transfer, or terminate legal rights and obligations.
Do you have any specific legal questions related to instruments or need further clarification?
In legal terms, an instrument refers to a formal legal document or contract, such as a deed, will, promissory note, or other written legal agreements. These documents are used to create, modify, transfer, or terminate legal rights and obligations.
Do you have any specific legal questions related to instruments or need further clarification?
can the ex husband use an instrument to change joint tenancy to tenants in common without telling the ex wife?
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In Ontario, an ex-husband cannot use an instrument to unilaterally change joint tenancy to tenants in common without the ex-wife's consent. Both parties must agree and sign the necessary documents for such a change.
Would you like to know how to verify the current title of the property or any other related legal questions?
In Ontario, an ex-husband cannot use an instrument to unilaterally change joint tenancy to tenants in common without the ex-wife's consent. Both parties must agree and sign the necessary documents for such a change.
Would you like to know how to verify the current title of the property or any other related legal questions?
what are those documents
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To change a joint tenancy to tenants in common, the following documents are typically required:
- Transfer/Deed of Land: This document is used to transfer interest in the property and must be signed by both parties.
- Severance Agreement: A written agreement between the parties to sever the joint tenancy.
- Consent Forms: Both parties must provide written consent to the change.
Would you like further information on any of these documents or have other questions?
To change a joint tenancy to tenants in common, the following documents are typically required:
- Transfer/Deed of Land: This document is used to transfer interest in the property and must be signed by both parties.
- Severance Agreement: A written agreement between the parties to sever the joint tenancy.
- Consent Forms: Both parties must provide written consent to the change.
Would you like further information on any of these documents or have other questions?
where would that be listed in the divorce papers
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In Ontario, divorce papers typically address the dissolution of marriage rather than property ownership details. Changes in property ownership, such as from joint tenancy to tenants in common, would not be listed in the divorce papers but rather in the property title documents.
Would you like any more information on this topic?
In Ontario, divorce papers typically address the dissolution of marriage rather than property ownership details. Changes in property ownership, such as from joint tenancy to tenants in common, would not be listed in the divorce papers but rather in the property title documents.
Would you like any more information on this topic?
what does transfer/deed of land document look like
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A Transfer/Deed of Land document in Ontario includes:
- Title: Transfer/Deed of Land
- Parties Involved: Names of the transferor (seller) and transferee (buyer)
- Property Description: Legal description of the property
- Consideration: Amount paid for the property
- Signature: Signatures of the transferor and transferee, witnessed and notarized
Would you like more information on any specific part of the document?
A Transfer/Deed of Land document in Ontario includes:
- Title: Transfer/Deed of Land
- Parties Involved: Names of the transferor (seller) and transferee (buyer)
- Property Description: Legal description of the property
- Consideration: Amount paid for the property
- Signature: Signatures of the transferor and transferee, witnessed and notarized
Would you like more information on any specific part of the document?
what dose consent form look like
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A consent form for changing joint tenancy to tenants in common typically includes:
- Title: Consent Form
- Parties Involved: Names of the joint tenants
- Property Description: Legal description of the property
- Statement of Consent: A paragraph stating the agreement to change the ownership from joint tenancy to tenants in common
- Signatures: Signatures of both parties, witnessed and notarized
Would you like more details on how to draft or obtain this form?
A consent form for changing joint tenancy to tenants in common typically includes:
- Title: Consent Form
- Parties Involved: Names of the joint tenants
- Property Description: Legal description of the property
- Statement of Consent: A paragraph stating the agreement to change the ownership from joint tenancy to tenants in common
- Signatures: Signatures of both parties, witnessed and notarized
Would you like more details on how to draft or obtain this form?
severance agreement in divorse papers
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In Ontario, a severance agreement in divorce papers typically refers to an agreement that outlines the division of property and assets between the parties. It is not common for such an agreement to specifically address the change from joint tenancy to tenants in common, as property ownership changes are usually handled through real estate documents.
Would you like more information on how to verify the current title of the property or any other related legal questions?
In Ontario, a severance agreement in divorce papers typically refers to an agreement that outlines the division of property and assets between the parties. It is not common for such an agreement to specifically address the change from joint tenancy to tenants in common, as property ownership changes are usually handled through real estate documents.
Would you like more information on how to verify the current title of the property or any other related legal questions?
can the ex husband do that change anyway without telling the ex wife/
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No, in Ontario, the ex-husband cannot change joint tenancy to tenants in common without the ex-wife's consent, even if he attempted to do so. Both parties must agree and sign the necessary documents for such a change.
If you have further concerns or need specific legal advice, consulting with a real estate lawyer would be beneficial. Would you like more information on how to find a local real estate lawyer?
No, in Ontario, the ex-husband cannot change joint tenancy to tenants in common without the ex-wife's consent, even if he attempted to do so. Both parties must agree and sign the necessary documents for such a change.
If you have further concerns or need specific legal advice, consulting with a real estate lawyer would be beneficial. Would you like more information on how to find a local real estate lawyer?
what if you don't make a claim for property or assets in divorce only. can the ex husband still change joint tenancy to tenancy in common without telling the ex wife?
Case Rating: *
In Ontario, even if you don't make a claim for property or assets in a divorce, your ex-husband cannot unilaterally change joint tenancy to tenancy in common without your consent. Both parties must agree and sign the necessary documents for such a change.
Would you like assistance with checking the title of the property or have other questions about this issue?
In Ontario, even if you don't make a claim for property or assets in a divorce, your ex-husband cannot unilaterally change joint tenancy to tenancy in common without your consent. Both parties must agree and sign the necessary documents for such a change.
Would you like assistance with checking the title of the property or have other questions about this issue?
yes assistance with checking the title of property
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To check the title of a property in Ontario, here are the steps you can follow:
- Visit the ServiceOntario website.
- Search for the title search service.
- Follow the instructions to access the property title records.
If you have difficulty accessing the records online, you might need to visit a Land Registry Office in person or consult with a real estate lawyer for assistance.
Would you like help finding a local Land Registry Office or more information on this process?
To check the title of a property in Ontario, here are the steps you can follow:
- Visit the ServiceOntario website.
- Search for the title search service.
- Follow the instructions to access the property title records.
If you have difficulty accessing the records online, you might need to visit a Land Registry Office in person or consult with a real estate lawyer for assistance.
Would you like help finding a local Land Registry Office or more information on this process?
form 8a application divorse
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Form 8A is used in Ontario to commence an application for divorce. Here's what you need to know:
- Complete Form 8A: This includes basic details about you and your spouse, the grounds for divorce, and any claims for support or property division.
- File the Form: Submit it to the court along with the required filing fee.
- Serve the Form: Serve a copy to your spouse.
Would you like more details on how to complete the form or the filing process?
Form 8A is used in Ontario to commence an application for divorce. Here's what you need to know:
- Complete Form 8A: This includes basic details about you and your spouse, the grounds for divorce, and any claims for support or property division.
- File the Form: Submit it to the court along with the required filing fee.
- Serve the Form: Serve a copy to your spouse.
Would you like more details on how to complete the form or the filing process?
what if theirs is no mention of property or property reform?
Case Rating: *
In Ontario, if the divorce papers do not mention property or property reform, it does not automatically allow an ex-spouse to change the property ownership from joint tenancy to tenants in common without the other party's consent. Both parties must agree and sign the necessary documents for such a change.
Would you like more information on how to verify the current title of the property or any other related legal questions?
In Ontario, if the divorce papers do not mention property or property reform, it does not automatically allow an ex-spouse to change the property ownership from joint tenancy to tenants in common without the other party's consent. Both parties must agree and sign the necessary documents for such a change.
Would you like more information on how to verify the current title of the property or any other related legal questions?
so the ex husband cannot change from joint tenancy to with right to survivorship to tenants in common?
Case Rating: *
In Ontario, your ex-husband cannot unilaterally change joint tenancy with right to survivorship to tenants in common without your consent. Both parties need to agree and sign the necessary documents for such a change.
Would you like more information on how to check the title of the property?
In Ontario, your ex-husband cannot unilaterally change joint tenancy with right to survivorship to tenants in common without your consent. Both parties need to agree and sign the necessary documents for such a change.
Would you like more information on how to check the title of the property?
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