What can’t a Joint Tenant do with their property?

Reasons for judgement were released earlier this summer in the case Nociar v. Cound.

In this case, a father transferred title in his property to one of his sons, creating a joint tenancy.

He also permitted another of his children, a daughter, to live on a portion of the property following her separation from her husband.

After his passing, in January 2014, the son became sole owner of the property. He attempted to evict his sister, the defendant in the case. His action failed, mainly because their late father allowed his daughter to live on the property.

The Court also felt that the son, in seeking to have his sister evicted, seemed to have waited until their father passed before taking the steps he could have taken while the father was alive.

The Court had objections to this style of proceeding.

This case is unusual with respect to the living arrangements on the property. In its reasons, the Court suggested that the son try another procedure to have his sister leave the property.

I wonder what advice the father received before he added his son to title. It might have been worth considering subdividing the property, so that each child would have had their own property in which to live. That might have reduced the tension.

This ad ran in the Richmond Review on September 12, 2014.