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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 01-20-2014, 10:35 AM
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Default Non divorce question -spouse dies

If married couple in Ontario have both their names on the title to the matrimonial home, and one spouse dies, how does the surviving spouse (who is the executioner in the last will) sell the matrimonial home? I called the city land registry office and they said to see a lawyer. It probably involves producing a will and death certificate but want to be sure.

TX.

Last edited by DeadBeatDouchebagDad; 01-20-2014 at 10:37 AM. Reason: Ontario
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Old 01-20-2014, 10:48 AM
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Originally Posted by DeadBeatDouchebagDad View Post
If married couple in Ontario have both their names on the title to the matrimonial home, and one spouse dies, how does the surviving spouse (who is the executioner in the last will) sell the matrimonial home? I called the city land registry office and they said to see a lawyer. It probably involves producing a will and death certificate but want to be sure.

TX.
My understanding, and my experience is limited to a parent dying, is that the estate would have to be settled first. Is there a will? Are there debts owning? All that has to be worked out. So yes, going to a lawyer is necessary.
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Old 01-20-2014, 11:02 AM
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If house is owned in both names, as joint tenants, surviving spouse visits lawyer, produces death certificate only, signs and registers a Survivorship Application and title is transferred to survivor alone. Survivor deals with house. [p.s. I think you mean "executor" and not "executioner". ]

If house is owned in both names, as tenants in common, surviving spouse visits lawyer, with will and death certificate. 50% interest of deceased is dealt with pursuant to the will.
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Old 01-20-2014, 11:11 AM
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Originally Posted by DeadBeatDouchebagDad View Post
If married couple in Ontario have both their names on the title to the matrimonial home, and one spouse dies, how does the surviving spouse (who is the executioner in the last will) sell the matrimonial home?...
Are you planning on knocking-off the other spouse?
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Old 01-20-2014, 11:21 AM
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Are you planning on knocking-off the other spouse?
Ahahahahha....I guess it's just a hypothetical question. The OP has to hope though that nothing goes and happen to an ex, and then this thread surfaces, it will be like a GRENADE just went off
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Old 01-20-2014, 12:21 PM
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Are you planning on knocking-off the other spouse?
My apologies to the OP. I re-read this, and I meant this to be tongue-in-cheek, given it's a "divorce" forum, and missed the "non-divorce" label.
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Old 01-21-2014, 02:43 PM
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Sorry; the spouse is the executor; natural causes the executioner.

There's a will, no debts, spouse wants to sell the house. Looks like Survivorship Application would be the form to fill out.

2000-6 Estate Documents - Ontario.ca

Thanks for replies.
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