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

Expert's Assistant chat

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

ToLawyer

10+ years of experience

7404 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.

Verified lawyers, 10+ years of experience

Chat with a Lawyer in minutes, 24/7

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

ToLawyer

10+ years of experience

7404 Satisfied customers

Lawyer's, Assistant

14 Lawyers are online right now.

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.

ToLawyer, Expert

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

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.

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.

ToLawyer, Expert

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

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.

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!

And of course, if you have any follow-up questions, please do not hesitate to continue typing them here.

Customer

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

ToLawyer, Expert

Then you should be fine.

Customer

Excellent thanks for the support

ToLawyer, Expert

No problem!

Ask a lawyer and get your legal questions answered.

See all Legal Questions

Related Legal Questions

Do we need a lawyer for a hit and run traffic ticket to appear in calgary court in 10 days? Have not talked to a lawyer

1.12.2022

Legal Ease

Lawyer

170,318 Satisfied Customers

I was wondering if there is any way or if it is worth suing francois legault for defamation towards unvaccinated people

1.12.2022

Legal Ease

Lawyer

170,318 Satisfied Customers

I need legal representation as I am being placed on unpaid leave for non-vaccination

1.12.2022

ToLawyer

Lawyer

7,404 Satisfied Customers

Have a question about a legal term. Ontario Canada. I have lawyer but I don’t understand a legal term

1.12.2022

Legal Ease

Lawyer

170,318 Satisfied Customers

I was evicted from my residence on Thursday last week by the bailiff. Which is fine because of the RTDRS order. The

1.12.2022

Legal Ease

Lawyer

170,318 Satisfied Customers

Do we need a lawyer for a hit and run traffic ticket to appear in calgary court in 10 days? Have not talked to a lawyer

1.12.2022

Legal Ease

Lawyer

170,318 Satisfied Customers

I was wondering if there is any way or if it is worth suing francois legault for defamation towards unvaccinated people

1.12.2022

Legal Ease

Lawyer

170,318 Satisfied Customers

How it works

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.

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.

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.

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.