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Joint Property Ownership with Parent and Divorce

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Anonymous Asked:

I own a property with my mother as joint tenants.

I live in this property with my wife.

In the event of a divorce, can my wife lay claim to any of my mother's ownership?

Expert Comment:

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Andrew J. Kania, LL.B., LL.M.
6 years ago

Answer: It depends. We need more facts. We need to know how long you have been married, when the property was purchased, who made the down payment, who is paying for the mortgage and other expenses, whether your wife consented to this arrangement if it happened while you were already married, etc. As a matter of general theory, if the purchase/transfer by/to your mother was handled in a proper manner then your mother’s share would be protected. If not, then your wife may be able to make the argument that she is entitled to have you use the entire value of the property for equalization purposes, and depending on the facts she can also seek to set aside any transfer that may have been made to your mother, if this applies to your case. We can provide you with a specific “yes” or “no” type answer – but only after speaking with you and obtaining all of the relevant facts applicable to you.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Andrew Kania for a free consultation).

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