Hello. My husband suffers from vascular dementia and can no longer sign legal documents. Prior to his illness he did not sign any documents for power of attorney or for health. We live in our own home and the house is in both our names. I think the term is joint tenant.
When we were first married, it is a second marriage for both of us and we both have grown children, we had a will drawn that should he die before me I could live in the house until my death and then the home would be given to his children. We since moved from that house and now live in a new home where I am joint tenant. The thought being that I would have the house after his death to do with as I wish, sell and move or leave it to whomever I wanted.
What is considered binding in law the joint tenancy or the will? If my husband dies before me will I own the home and be able to sell or leave it to my beneficiaries?
Asked 4 months ago in British Columbia
Categories:
Family Law
Wills, Estates, Trusts
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 British Columbia lawyer
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A joint tenancy means that the house is outside of your husband's estate. If he dies before you, you can transfer the home into your sole name to do with as you wish. If you think his beneficiaries may object and want to claim an interest in the home, that is another issue.
Posted 4 months ago
Vivienne H. Stewart LL.B., LL.M.
Railtown Law
88 Powell Street
Vancouver, BC V6A 2R5
778.328.1570
www.railtownlaw.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).
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Comment from British Columbia
Thank you. I am not certain if his beneficiaries will object. However, if they do would it be a matter of them going to court to contest my sole ownership of the house?
Posted 4 months ago
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