Force sale on a jointly owned property

I am a senior who was mislead into purchasing a home with my grandaughter [her father couldn't get a mortgage]. I understand that you can go to court and force a sale. What are my chances


Asked about 1 month ago in Woodbridge, Ontario
Categories: Civil Litigation

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Hamoody Hassan

Answer by Hamoody Hassan

VerifiedOntario lawyer

You need to see  an experienced lawyer immediately as this is governed by The Partition Act. You need an order for Partition and Sale. If you die first right now she liklel;y will inherit the home by operation of law. You need a new will and powers  of attorney asap. Don't delay! These cases can be complicated and costly. I have significant experience in these kinds of cases. I am sorry but delay could cause a lot of problems for you. You likely also need to avoid stress and any risks to your health and finances. The longer it takes the more likely something will happen making things worse and make a costly case even more costly. You need experienced counsel. Call or email, Hamoody@hassanlaw.com, Senior Counsel,www.,hassanlaw.com London Ontario

Posted about 1 month ago

This is general advice, not based upon any particular case, fact or law: seek individual legal advice. I can only answer generally and cannot offer an opinion about your case. If you want an objective opinion or to interview with a lawyer, check out many lawyers on the internet like our firm who offer free consultations on contingency files. You can also phone the Law Society Lawyer Referral Service directly at 1-855-947-5255 or 416-947-5255 (within the GTA), Monday - Friday, between 9 am - 5 pm. They will provide 3 names of lawyers who handle cases like yours. Good Luck! Hamoody Hassan, Senior Counsel, http://www.hassanlaw.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact <a href="http://hassanlaw.com/" target="_blank" rel="nofollow">Hamoody Hassan, Senior Counsel, </a><a href="http://legal.advicescene.com/account/www.hassanlaw.com" target="" rel=""></a><b><a href="http://www.hassanlaw.com/" target="_blank" rel="nofollow">http://www.hassanlaw.com</a></b>, or search the <a href="http://legal.advicescene.com/ca/lawyers" target="" rel="">Lawyer Directory</a>. <br>


Hamoody Hassan

Answer by Hamoody Hassan

VerifiedOntario lawyer

As I explained above, I will elaborate further- Cases involving jointly owned property can be complicated especially if children are residing in  the home. You should consider taking steps immediately to "sever the joint tenancy" which is unlike a "tenancy in common", a different form of joint ownership with no right to inherit. Joint tenancy  is a form of ownership that allows the survivor of the 2 joint owners to inherit the whole equity by operation of law on the death of the other owner. This is why older people often are encouraged to add younger heirs to the title so if they die, their younger heirs do not have to pay court probate or administration fees - they get the house automaticvally and iof you want other people to sharew in the equity on your death you need to change this right away! When for example,you as the older person pass away title to the property (regardless who lives there and whoi bought the house) is passed to the surviving joint owner - your granddaughter to the exclusion of other heirs of yours. Joint Tenacy can be cancelled only to end the right of automatic inheritance but if you want out of the partnership with your granddaughter you have to go quickly to court, assuming she will not voluntarily agree to sign it back over to you. As an owner she has the same rights as you, even if you bought and paid for the home years ago but the court can cancel that iof she refuses. Some conditions may apply epsecially isf she has paid bills or has kids in the house.We at Hassan Law know exactly what to do and how to do it but time is of the essence. I have handled a number of cases like this one, and your granddaughter has no reason to go along with your wishes - do not delay see a lawyer or call 1-877-231-6421 or email me  - hamoody@hassanlaw.com BA LLB, LSO 1979, see www.hassanlaw.com 

Posted about 1 month ago

This is general advice, not based upon any particular case, fact or law: seek individual legal advice. I can only answer generally and cannot offer an opinion about your case. If you want an objective opinion or to interview with a lawyer, check out many lawyers on the internet like our firm who offer free consultations on contingency files. You can also phone the Law Society Lawyer Referral Service directly at 1-855-947-5255 or 416-947-5255 (within the GTA), Monday - Friday, between 9 am - 5 pm. They will provide 3 names of lawyers who handle cases like yours. Good Luck! Hamoody Hassan, Senior Counsel, http://www.hassanlaw.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact <a href="http://hassanlaw.com/" target="_blank" rel="nofollow">Hamoody Hassan, Senior Counsel, </a><a href="http://legal.advicescene.com/account/www.hassanlaw.com" target="" rel=""></a><b><a href="http://www.hassanlaw.com/" target="_blank" rel="nofollow">http://www.hassanlaw.com</a></b>, or search the <a href="http://legal.advicescene.com/ca/lawyers" target="" rel="">Lawyer Directory</a>. <br>

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