My Dad is a co owner of a house with his wife. She has been taken into care under the Mental Health Act in British

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Customer: My Dad is a co owner of a house with his wife. She has been taken into care under the Mental Health Act in British Columbia. Without his knowing, she transferred her Power of Attorney to one of her daughters. Can her daughter in turn start borrowing, or setting line of credit etc up on the house which he lives and co-owns? Or would any credit set against the title require his specific consent...?
Answered by ToLawyer in 3 mins 12 months ago
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ToLawyer, Expert

Welcome and thank you for choosing Just Answer, an independent paid Q&A service! My name is***** am a lawyer in Canada and would be happy to assist you.

Please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able.


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ToLawyer, Expert

Hi there, how is title held do you know - joint tenancy or tenancy in common?

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ToLawyer, Expert

Hi there, I am just following up on this question. I need more information to give you a complete answer. How is title held do you know - joint tenancy or tenancy in common?

Customer
Hi there. Sorry for the delay in responding.I don't know 100% but we assume it's a joint tenancy. Both live there, both own the house 50/50.I have someone looking in to the title specifically tomorrow.
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ToLawyer, Expert

If it is joint tenancy, the daughter cannot start any sort of loan without your knowledge. In theory, in a tenancy in common situation, the co-ower may be able to do so, however, the reality is no financial situation will allow that to happen.

Customer
Okay. My father will be speaking to a lawyer, to try to secure his finances and prevent any borrowing on his home. It is fully paid off, and I’d hate to see his step daughter, who holds power of attorney over his wife be able to touch any of the equity in that home, especially while he’s living in it.
Customer
I will wait for a response, on the actual title on the home.
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ToLawyer, Expert

It is unlikely that anything is going to happen, but you should double check on the title to confirm.

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ToLawyer, Expert

Is there anything else I can help you with today?

Customer
No, thanks for the feedback. I'll confirm in the morning
Customer
Good morning, I have a follow up question. It seems along with the Power of Attorney being changed to my dad's step daughter, his Wife's will was changed as well... He does not know the details of the change. Note, she is still alive, but her heart is nearing failure... So, in the event she passes, can she have left her "half" of the house to her daughter? And if so, can her daughter force my dad out of the house? Or force him to pay her half out? I know this is all theoretical, but I'm trying to understand what kind of a position he is in here.
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ToLawyer, Expert

If it is joint tenancy, then no, the wife will not be able to "leave her half" because joint tenancy is indivisible ownership. If it is tenancy in common, yes, she can leave her half to the daughter.

The daughter will not be able to force your dad out, she will have to apply to the court to divide and sell the portion. The court will not like making a decision to grant the house to one person or the other, so they will likely ask the parties to sell to a thrid party.

I understand legal issues may be frustrating, but I hope I was able to provide a little clarity here.

Thank you for trusting us here at JustAnswer. If you have a new question in the future and would like to engage me again, please do not hesitate to request for me directly by going to https://www.justanswer.com/law/expert-jc222/?rpt=3800 and typing - "This is only for JC" and I will get to you as soon as possible!

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Customer
We just confirmed that indeed the title is a Joint Tenants.,
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ToLawyer, Expert

Then you should be fine.

Customer
Excellent thanks for the support
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ToLawyer, Expert

No problem!

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