tag:blogger.com,1999:blog-436024129575354145.post8981919168403420862..comments2024-03-28T12:41:21.857-07:00Comments on Estate Law Canada: House in the wife's name only - what if she passes away?Lynne Butler, BA LLBhttp://www.blogger.com/profile/09790353197833765108noreply@blogger.comBlogger51125tag:blogger.com,1999:blog-436024129575354145.post-73871017033883410752020-11-29T02:33:11.188-08:002020-11-29T02:33:11.188-08:00Hi we married couple we bought a house 5years ago ...Hi we married couple we bought a house 5years ago in Alberta. But the house is only by my husband name.so if anything happens can I be own the house.we have 4 kids together thank you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-36432826871595249862020-07-23T21:36:01.820-07:002020-07-23T21:36:01.820-07:00am in the same boat. We live in Ontario. Hubby has...am in the same boat. We live in Ontario. Hubby has a boy from first marriage n we both have also 2 boys together. I pay my share for the mortfage but he didnot put my name in the title of the house n also my car's ownership is under his name as I did not qualify for a loan cz of inconsistency of my work. What rights do I have? Why would he do that when I pay my share? Any suggestion what Anonymoushttps://www.blogger.com/profile/00530577134714177502noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-4631035625825489332020-07-23T08:51:42.375-07:002020-07-23T08:51:42.375-07:00If you and your mother own a house as joint owners...If you and your mother own a house as joint owners and you pass away, she will then own the whole house by right of survivorship. <br /><br />There are two ways that your share of the house could go to your husband. One is that you and he live in the house as a married couple and you happen to live in a province which gives special rights to a spouse over the matrimonial home.<br /><br />The Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-75711641009863193302020-07-22T20:35:53.312-07:002020-07-22T20:35:53.312-07:00Married for 4 years and my mother wants to put the...Married for 4 years and my mother wants to put the house under my name since that house I contribute a lot when I was single. I don't want to accept because what if I passaway first what happen to them. That house will automatic go to my husband? I don't want them to stay in the street. What should I do?Anonymoushttps://www.blogger.com/profile/15049563619789881087noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-1244682310571101852020-06-07T19:53:06.709-07:002020-06-07T19:53:06.709-07:00Married, two adults' sons, live in Ontario, my...Married, two adults' sons, live in Ontario, my house by my name only, I paid the down payment (as a gift from my family from back home) I pay all the bills and full mortgage. I need to pass the house to my sons directly after my death. What is the best thing to do so? My understanding from your explaining above, is to put the the house into a trust to my adult sons (age 30 and 29), is that Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-484354723661027342020-01-25T19:06:11.025-08:002020-01-25T19:06:11.025-08:00Hello and thank you for your assistance. I am the...Hello and thank you for your assistance. I am the husband and am the sole owner of my home. My will states that my wife will inherit the family home. I do have a mortgage on the home. Is there a benefit to put my wife on the title? If I do not do so, will she have any issues if I die with regard to estate tax? I only have one property. Would it be better to place her name on the title? IfRushfan2112https://www.blogger.com/profile/06175681412009716846noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-55833856051962729112019-11-22T21:36:47.529-08:002019-11-22T21:36:47.529-08:00If you die and your husband survives you, you no l...If you die and your husband survives you, you no longer have any interest in that house. Your husband could sell it if he wanted to. No, your children would not automatically be entitled to a part of the house based on the idea that you owned some of it. <br /><br />I'm not going to get into a discussion of whether your children have a right to inherit something from you or from your husband,Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-20783839869807348732019-11-21T11:21:48.469-08:002019-11-21T11:21:48.469-08:00If the house is only in my husbands name and I die...If the house is only in my husbands name and I die first would my children be entitle to to what would be my share of the house. We were married when the house was purchased and have had it for over 20 years. We live in BCAnonymoushttps://www.blogger.com/profile/17094376102654088962noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-43957696320220193952019-04-04T07:01:11.670-07:002019-04-04T07:01:11.670-07:00My situation is similar. I own my home and have s...My situation is similar. I own my home and have significant equity. When my partner and I marry this year, my home becomes marital property (Ontario) and he is entitled to half of my equity in the event that we divorce. If he were to pass away, will his half of the equity be included in his estate? Will his son have a right to claim some or all of this equity? Can his ex-spouse who is the Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-59077279584491633542019-02-14T16:01:11.611-08:002019-02-14T16:01:11.611-08:00Question
If the home is only in my name and I die...Question<br /> If the home is only in my name and I die. With Morgage still owing. Is she given time to assume the payments? Does she have to apply for a morgage herself now?Anonymoushttps://www.blogger.com/profile/15554584188565365803noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-26006597156484463302018-12-05T06:48:42.224-08:002018-12-05T06:48:42.224-08:00If the property is a matrimonial home, it cannot b...If the property is a matrimonial home, it cannot be sold or mortgaged without your consent. I'm not an expert on real estate law and in fact I have avoided doing real estate work for years now, so you'd be better off asking a question about the name on a cheque to someone who practices real estate law.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-47004973367589455272018-12-05T06:45:12.593-08:002018-12-05T06:45:12.593-08:00Sometimes that happens. Each day's new questio...Sometimes that happens. Each day's new questions arrive in my inbox and I start at the top and answer as many as time permits. When they show up here on the blog they are on all different threads and it looks like I skipped a question.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-35316325833797771132018-12-04T21:17:33.399-08:002018-12-04T21:17:33.399-08:00just wondering when I can receive a response to my...just wondering when I can receive a response to my comments in Alberta in regards to sale of matrimonial home. You seem to have skipped over my questions. Thanks anonymoushttps://www.blogger.com/profile/07971095720736918372noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-20209985741400890632018-11-30T18:42:15.975-08:002018-11-30T18:42:15.975-08:00Have him sign an agreement to waive any interest t...Have him sign an agreement to waive any interest to that asset.<br /><br />LynneLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-51052845695937379632018-11-30T10:02:30.924-08:002018-11-30T10:02:30.924-08:00If I buy a house in alberta by my own money as a w...If I buy a house in alberta by my own money as a wife, and my husband did not pay anything, does he still get half? <br /><br />It is 100% my effort, so how can I protect my asset. I know he is my husband, but it is my own house I worked day and night to buy it. Please help. Thanks,Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-45202807653411862012018-11-28T19:30:59.349-08:002018-11-28T19:30:59.349-08:00In Alberta and matrimony home in husbands name onl...In Alberta and matrimony home in husbands name only. It us part of his estate in our will but I'm wondering about selling. We are nearing retirement and talking of selling as we own another home also. Can he sell without my consent? also when we do sell can the proceeds have both names on chq and last can he get a reverse mtg without my consent. Weve lived here 22 years and married 31 years. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-41312531596015382502018-11-24T09:00:50.653-08:002018-11-24T09:00:50.653-08:00I would like to know this answer to this question ...I would like to know this answer to this question as well.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-91082598177027170522018-11-13T08:32:39.336-08:002018-11-13T08:32:39.336-08:00Hello Lynn, please answer my question. If the hous...Hello Lynn, please answer my question. If the house is under my name completely and if the other spouse that have kids from previous marriage deceases, do I need to sell my home to share with the spouse's kids? Or do I get to keep the house? Ontario. ThanksAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-3463386857403855312018-11-02T17:40:52.539-07:002018-11-02T17:40:52.539-07:00You can leave his name on it and live there. Howev...You can leave his name on it and live there. However, there are potential consequences. One is that when you pass away, your executor may have to probate not just your will but your husband's will as well, just to sell or transfer your home. While you're alive, you can do that without probating his will (if you and he owned it jointly). So it's going to cost your kids more in the end Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-68497409601873544632018-11-02T10:25:29.843-07:002018-11-02T10:25:29.843-07:00Do I legally have to remove my recently deceased h...Do I legally have to remove my recently deceased husband's name from our joint home title deed. His will states that everything of his goes to me. So can I just leave his name along with my name on the home title deed and save legal fees to remove his name. Thanks in advance for this information. Kind regards, Eileen LindsayAnonymoushttps://www.blogger.com/profile/17011274644295235472noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-43462306244507821982018-07-06T22:03:50.363-07:002018-07-06T22:03:50.363-07:00Who are "they"? When "they" sa...Who are "they"? When "they" say you have to pay, are they talking about legal fees? Land transfer fees? Paying out the mortgage? Buying a share?<br /><br />If the will is valid and leaves you the house, that means you have the right to inherit the house. But that doesn't mean that the paperwork is all done for free. There are always costs associated with an estate.<br /><Lynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-3380912520129180692018-07-05T22:17:31.319-07:002018-07-05T22:17:31.319-07:00Hi Lynne
My spouse died 2 weeks ago and now they ...Hi Lynne<br /><br />My spouse died 2 weeks ago and now they tell me that I have to pay to get my name on the property that was our matrimonial home. Only his name was on the property what are my rights. We have a will drawn and he stated that I get all his estate. So why are they talking me it going to cost me money to get my name on the property.Anonymoushttps://www.blogger.com/profile/12680755839057909855noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-46604622164092649852018-06-24T18:47:23.922-07:002018-06-24T18:47:23.922-07:00Hi Brad,
You can do it through your will. As a gen...Hi Brad,<br />You can do it through your will. As a general rule, when the property is jointly owned between two spouses, there is no need for probate to take the other one's name off after he/she dies. The same property might have to go through probate if it is left to the spouse through a will.<br /><br />This will depend in part on whether it's the family home or a second property suchLynne Butler, BA LLBhttps://www.blogger.com/profile/09790353197833765108noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-37984537467006651002018-06-19T09:50:44.836-07:002018-06-19T09:50:44.836-07:00Hi Lynne, do I need to add my spouse to the title ...Hi Lynne, do I need to add my spouse to the title of any property I own to ensure that it is transferred to her if I die, or can I just do that through a will?Anonymoushttps://www.blogger.com/profile/01106651745303784329noreply@blogger.comtag:blogger.com,1999:blog-436024129575354145.post-39497351469702905992018-01-25T21:38:55.815-08:002018-01-25T21:38:55.815-08:00Hi Lynne,
My partner's father passed away 20+ ...Hi Lynne,<br />My partner's father passed away 20+ years ago, leaving the house to her mom. She has since remarried, but stated in her will that her kids get the house (the deed of which is still in her & her 1st husband's nsme.) Prior to her passing last year, she and her 2nd husband had a document drawn up, again stating that the kids get the house, but he can stay there for at Kes Picardhttps://www.blogger.com/profile/05239040391875063095noreply@blogger.com