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Jointly owned real property and bankrupt estates

Friday, July 28, 2017 @ 7:15 AM | By Suzana Popovic-Montag and Stuart Clark

Is jointly owned real property which otherwise would appear to pass to the surviving joint-owner by right of survivorship available to satisfy the debts of the deceased joint-owner should his or her estate later be found to be bankrupt or insolvent?

In Re Cameron Estate, the Ontario Superior Court of Justice was asked to consider whether a matrimonial home which passed to the surviving spouse by right of survivorship could be clawed back into a bankrupt estate to satisfy the debts of the deceased spouse. In...