Sever of joint tenancy and create a disproportion share without permission of one sibling due to his huge debt to us

Location: Ontario, CanadaRegarding Real Estate Law or Family LawReal Estate (primary residence): Joint Tenants between four siblings since August 20052005-2016: evidence of one sibling not paying equal amounts into the mortgage and shared and personal expenses. All our deposits are accounted for by date and transfer site. He put his vehicle payments and car insurance into the joint housing bank account where monies were taken out for shared utilities and mortgage and property taxes. After his deposits into the housing account, he was still short on his personal and shared expenses. This doesn't even include the mortgage payment (approx. $105K), shared line of credit (approx. $20K) which comes down to approximately $125K. He financially abused our mother out of $60K. This would bring his debt to about $185K. His remaining portion of the mortgage is $57K. His total debt would about $242K. We had offered a buyout of $30K even though based on our forensics audit of our accounts that he would be owing us to get out of joint tenancy. He would no longer be in debt to us and he would not be responsible for the remaining mortgage.November 2016: He and his wife moved out of the primary residence and have not paid anything since December 2016.We had sought advice where the only option was to take him to court. It would cost more than the buyout itself just to get to mediation. We prefer not to go through with it.Is there another option where we would sever joint tenancy and between the three sibling take a 99 percent share as tenants in common (realistically, this one sibling doesn't have a stake in the house based on his lack of contribution)?He would need to prove he has an equal share which wouldn't be the case as the housing account is transparent. If there is a lawyer who is able to sever this joint tenancy, please let me know. If you are in Toronto or GTA, my siblings and I can retain your services.Would he need to agree to this tenant in common contract? I read somewhere it can be severed without his permission. He originally dealt with the paperwork and so we did not know what joint tenancy entailed and that there was another option.Thanks!


Asked over 2 years ago in Toronto, Ontario
Categories: Elder Law  Real Estate  Family Law

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