What are the implications of joint tenancy?
Alberta, Canada
The following excerpt is from Welch v. Welch, 1988 CanLII 3809 (AB QB):
Counsel for the husband based his claim regarding the joint tenancy on the wife’s testimony. When first asked if she knew the legal implications of joint tenancy, she said no. She acknowledged that she had jointly owned property with her first husband and had inherited it when he died. Counsel asked me to conclude from this that she must have intended to give the husband a joint interest or a gift. While it may be that this testimony supports the conclusion that she was prepared to see the husband get this property when she died, her evidence on this point brought to mind the point made by Stevenson, J.A., in Quigg v. Quigg that little thought is generally given to the consequences of joint ownership.
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