Severance of Joint Tenancy
Ramnarine v. Ragoo is the latest Ontario case to pronounce on just what is required to sever a joint tenancy. In this case, the mother of the deceased unsuccessfully sought Judgment declaring that she had a beneficial interest in a home purchased by her son and his common law spouse (the "Respondent") as joint tenants. The mother argued that a trust agreement was signed by her son giving her such entitlement.
The application failed for the following reasons: (i) there was "no evidence to reasonably support the deceased’s intention to sever the joint tenancy before his death" (ii) the Respondent and deceased were "cohabiting as spouses on the date of his death." (iii) There was "no witness to the agreement, nor was it registered on title." (iv) the deceased mortgaged the property long after the date of the agreement and contrary to the agreement. (v) Had the Respondent predeceased the son he would have received her interest by right of survivorship and (vi) The mother "admits there was no mention of severing the joint tenancy by the deceased at the time the agreement was signed."
The Court noted that the four unities required to create joint tenancy were present when the deceased and the Respondent took title: "The deed granting title to Ms Ragoo and Mr. Ramnarine was never changed or compromised. The deceased continued to deal with the property in the same way as before the agreement as evidenced by the remortgaging."
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