What is the current state of the law on joint tenants' homestead rights?
Manitoba, Canada
The following excerpt is from Siwak v. Siwak, 2018 MBQB 9 (CanLII):
Although no Manitoba cases appear to have specifically addressed the overt issue herein since Beard J.’s decision in 2003, in Hildebrandt v. Hildebrandt, 2009 MBQB 52, Little J. appears to have accepted that joint tenants have homestead rights but noted that the rights of spouses in such a situation involved “potentially offsetting (or equally valuable) joint tenancy homestead interests” (at paragraph 26).
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