What are the options for how my spouse and I register ownership of our new home?
Most
couples in Alberta choose to register the title to their homes as
"joint tenants". Joint tenants own the whole property together.
If one joint tenant dies the other automatically inherits the whole
property. One joint tenant cannot leave the property to anyone else
in a will. The other, less common way of holding title to land when
there is more than one person is by "tenants in common". Each tenant
in common separately owns an equal interest in the property with
equal rights to occupy the whole of the land. A tenant in common
can dispose of his or her own interest in the land by selling it
or leaving it to someone in a will.
Of course, it is always possible to register title to your home
in your name alone or in the name of your spouse. While you may
have good reasons for doing this, it should be thoroughly discussed
with your spouse and your lawyer before you take this route.
If
the home is your matrimonial home, the spouse who is not named on
title will still have something called dower
rights.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
September
1996 |