Dispute over legal ownership of a property.

[rosalina123]

I don't know if this is exclusively for US cases, but if there is somebody who would help me with this case who knows Ontario law, it would be very much appreciated.
Ok, here is the issue. There is a house in Ontario. On the Deed of the house, there are two owners, Ryan and Mark. As declared in the Title, it is a tenancy in common. Both Died in an accident in 2009, and neither left a will. We got a document from the spouse of Ryan in 2009 declaring that she relinquishes all her rights to the house. In 2012, she hired a lawyer to look after the interest of her late husband's estate, and claimed that half the house is her's. We maintain that she has no financial interest in the house. It is provable that at least 98% of all expenses, (down payment, closing costs, mortgages, bills, property taxes, insurance, maintenance and repairs) have been and are being baying my Mark and his spouse. So, the question is, how would the courts rule on this situation. Would they tend to say that in spite of all the payments made almost exclusively by Mark, the property value is split half & half, or would they tend to say that the party who has been paying for and maintaining the property has a right to it by virtue of the investment made? Also, would statue of limitations apply when 3 years have passed since her signing the declaration, and then going back on her declaration?
Thank you for your time.

 

[sandyclaus]

I don't know if this is exclusively for US cases, but if there is somebody who would help me with this case who knows Ontario law, it would be very much appreciated.
Ok, here is the issue. There is a house in Ontario. On the Deed of the house, there are two owners, Ryan and Mark. As declared in the Title, it is a tenancy in common. Both Died in an accident in 2009, and neither left a will. We got a document from the spouse of Ryan in 2009 declaring that she relinquishes all her rights to the house. In 2012, she hired a lawyer to look after the interest of her late husband's estate, and claimed that half the house is her's. We maintain that she has no financial interest in the house. It is provable that at least 98% of all expenses, (down payment, closing costs, mortgages, bills, property taxes, insurance, maintenance and repairs) have been and are being baying my Mark and his spouse. So, the question is, how would the courts rule on this situation. Would they tend to say that in spite of all the payments made almost exclusively by Mark, the property value is split half & half, or would they tend to say that the party who has been paying for and maintaining the property has a right to it by virtue of the investment made? Also, would statue of limitations apply when 3 years have passed since her signing the declaration, and then going back on her declaration?
Thank you for your time.

Unfortunately, our forum here only addresses questions based upon US law. There are a few members who may have a very little knowledge about Canadian law, but probably not to the extent that they can answer your specific question.

You'll need to find a forum that handles Canadian or international law.

 

[Ohiogal]

Unfortunately, our forum here only addresses questions based upon US law. There are a few members who may have a very little knowledge about Canadian law, but probably not to the extent that they can answer your specific question.

You'll need to find a forum that handles Canadian or international law.

Mark died in 2009 and yet is making payments? That is an interesting quirk in international law. I like it. The dead continue to pay their bills. Nice.

 

[rosalina123]

I made a mistake in the wording on that one. After Mark's passing, his spouse and family continued to pay the various bills. But yes, that would be a very interesting loop hole indeed.