We have a property that is co-owned by 3 couples. 1 of the couple, the husband passed away 10 years ago I was wondering

Expert's Assistant chat
Customer: Hi there
JA: Hello. How can I help?
Customer: Yes, We have a property that is co-owned by 3 couples. 1 of the couple, the husband passed away 10 years ago I was wondering what is the process and legal requirements to remove him from the title deed and whether we should. Mortgage renewal is coming up in October. I'm assuming we will need to have him removed before application for a renewed mortgage?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: nothing was done thus far
JA: Where is the property located?
Customer: The deceased had a will which gave the assets to his wife who is also a co-owner. Quebec But we're all residents of Ontario
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not at this time
JA: Sorry, we're experiencing technical difficulties. Please refresh the page to restart the chat.
Customer: ok done
Answered by Debra in 1 hour 2 years ago
imglogo
Debra
10+ years of experience
logo

170416 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Debra
10+ years of experience
logo

170416 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Customer
Thank you.
img

Debra, Expert

I am sorry for your loss and for this somewhat difficult situation.

Was the spouse on title as tenants in common with the other two couples and as joint tenants with him and his spouse?

Customer
Everything was split per individual total of 6 owners equal share split
Customer
his shares would obviously go to his wife and she does have a will for it. My question would then be whether they should remove him from the deed as mortgage removal is coming in october
img

Debra, Expert

I know that's your question to give a full and complete answer I was hoping to get the information I was asking for. It's about how you held title.

You have to remove him from the deed without a doubt.

How that must be done depends on how you held title.

This is really the wife's concern and responsibility.

But if they were on a joint tenants she just needs the death certificate. If not then she needs the executor of the Will to do the transfer.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
For your question (I hope I understood properly) this property is a cottage and for the purpose to rent or use as vacation for the family. He was on the title deed as an owner not necessarily a tenant?
Customer
I do have a subsequent question actually...same property but different couple. They divorced and the wife is in the process of removing her name from the deed as it is their settlement from their divorce. What is the process to remove her? Will the couple (ex couple) need to sign a quitclaim and have it notarized to change the deed and shares thereby removing the wife from the deed?
Customer
On the deed of sale it just shows from the vendor name and to "all of the individual names" total of 6 names.
img

Debra, Expert

The terms are confusing but when there are more than one owner on title they are on title either as joint tenants or tenants-in-common. The reason why it's important is that when someone dies and they were joint tenants their interest vests in the other title holder. When they are on title as tenants-in-common when they die title vests in the estate.

So the process to remove the deceased name depends on how he held title.

Please rate this post now and then start a new post for the new question. Please say "This is only for Debra" and then I will be the one to answer.

Customer
Which paperwork would state whether it tenants in common or joint?
img

Debra, Expert

The actual deed would have the answer. It would also work to do a title search.

Customer
I have the deed for the sale and the mortgage deed...i don't know if we have another.
Customer
Sorry what about my question about the couple getting divorced?
img

Debra, Expert

I asked you to rate this post and then start a new post for this new question.

I also asked that you say "this is only for Debra" so I will be the one to answer.

Thanks

Customer
Oh sorry I must have missed that msg. I'll do that shortly
img

Debra, Expert

Thanks

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer