In Ontario when a spouse/common law dies who gets the property owned jointly with family?
mydragonflies3 asked:
My husband and I own our cottage property with his brother. His brother has just moved in with his girlfriend. How can we protect the property from going to her if he does not have a will in place and he should happen to die before making one? It was always the intent that his share of the property would go to our son.
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My husband and I own our cottage property with his brother. His brother has just moved in with his girlfriend. How can we protect the property from going to her if he does not have a will in place and he should happen to die before making one? It was always the intent that his share of the property would go to our son.
March 18th, 2009 at 6:32 am
You better get it in writing before it’s too late. Otherwise you’ll be spending time in court.
March 19th, 2009 at 9:48 pm
The only who can answer this question would be a lawyer. I could say you have to have some kind of document drawn up, because even thought I am illegal separation. My lawyer told me if I was to die someday my husband could still come into my place and take half of my belongings.
March 21st, 2009 at 1:45 am
Your husband and his brother need to make a legal agreement protecting it.
Maybe the less aggressive approach is to try and convince his brother to draw up a will?
If he owns half of it, he can leave it to whoever he wants - his girlfriend, neighbor, pizza delivery guy, etc.
March 22nd, 2009 at 3:22 am
Buy him out. Own it outright. Never do this again. Family battles over money and property can get ugly real fast.
March 23rd, 2009 at 8:20 am
The greed of some people is shocking
is the brother sick? Very Old? Is there a reason to worry of his passing? Did you ever consider that he may want to make his ‘live in girlfriend’ his WIFE one day therefore entitling her to his “share” of the property..
People make arrangements and plans..but as life progresses and things change so do plans.. This is why it is NEVER wise to “co- Own” anything these days especially without certain details in legal writing..
Still though–I find this question pathetic..sorry.
It just goes to show you how material is taking over the world