Is there severance to a half interest in a jointly owned property?

Ontario, Canada


The following excerpt is from Sampaio Estate v. Sampaio, 1992 CanLII 8603 (ON SCDC):

In Robichaud v. Watson, supra, the joint tenants entered into negotiations whereby each offered to buy the other's half-interest in the property. An agreement was not achieved before the husband died. Griffiths J., in concluding that there was severance, relies primarily on the fact that the wife wanted to receive cash, and upon receipt would have released her interest in the property. Subsidiarily, reliance is placed on the fact that the husband alone had possession of the property, paid all mortgage payments and other expenses, and that the wife, from the time of separation, had not entered the premises or made any payments in relation to the property.

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