MARITAL PROPERTY - Matrimonial home - Joint ownership – Severance

Law360 Canada (March 7, 2023, 6:37 AM EST) -- Application by the Plaintiff for an order declaring the cessation of the joint tenancy of the Property. The Plaintiff was a young man whose father passed away in January of 2020. The defendant was the plaintiff's mother. The circumstances were such that the plaintiff had lost his father and had a fractured and now litigious relationship with his mother. The Defendant and the deceased Plaintiff's father (Peter Preskar) were in a marriage-like relationship that commenced in or about 1994. During this relationship, in 1999 the Plaintiff was born. The Defendant also had another son from a prior relationship who the deceased father assumed a parental role in relation to. Importantly however, the Defendant and the deceased father never married. In 2002, the Defendant and the deceased father purchased certain real property. The Property was registered at the Land Title Office as being held in joint tenancy between the Defendant and the deceased father. The deceased father, the Defendant, the Plaintiff and the Defendant’s son from a prior relationship all resided at the Property from the time it was purchased in 2002 until in or about 2006. In or about November 2006, the Defendant and the deceased father ceased living together in a marriage-like relationship. Following their separation, the deceased father remained living at the Property and the Defendant lived elsewhere....
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