Real Property – Interests in real property – Co-ownership
Deceased had three children with first wife, remained married to second wife until he died, and wife continued to live in matrimonial home. Deceased's will designated property to be given to each of his children and his wife, and his two daughters were residuary beneficiaries. Deceased and wife held matrimonial home as joint tenants, but will provided that wife was entitled to use, occupation and enjoyment of his one-half interest in home for her life. Daughters applied for order declaring that as residual beneficiaries they were entitled to undivided half interest in real property and for order directing estate trustee to sell property; wife applied for declaration that she was sole legal and beneficial owner of property. Daughters' application granted in part; wife's application dismissed. Joint tenancy was severed. Wife appealed. Appeal dismissed. Application judge set out proper test for determining whether joint tenancy had been severed. This was fact specific inquiry and no basis was seen to interfere with application judge’s decision.
Marley v. Salga (2020), 2020 CarswellOnt 1459, 2020 ONCA 104, Simmons J.A., Pepall J.A., and Trotter J.A. (Ont. C.A.); affirmed (2019), 2019 CarswellOnt 9115, 2019 ONSC 3527, R. Reid J. (Ont. S.C.J.).
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