Is a half interest that arises the moment the dwelling acquires the nature of a family residence a joint tenancy with its right of survivorship in the surviving spouse on death?

The nature of the “half interest” that arises the moment the dwelling acquires the nature of a family residence is, according to subsection 8(2), a joint tenancy with its right of survivorship in the surviving spouse on death of the other (s. 8(5)(a)). The interest created is not, however, a true joint tenancy as it exists at common law. This point was made by Noel J. in the early case of Murrin v. Murrin (1981), 41 Nfld. & P.E.I.R. 314 (Nfld. S.C.). The reason is that all of the so-called “four unities” of interest, title, possession and time may not be present in this statutorily-created joint tenancy.