Please help: Separation deadline

[AmicableSeparation]

Hi All
I hope someone can provide the answer to what seems a simple question: My spouse and i are separating on amicable terms. But, I know human nature and the tendency to get mean, perhaps, down the line. He's letting me keep the condo (my name is the only one on the mortgage, but I know he could take me to court for "unjust enrichemtn"). My question is, how long does a person have to decide whether they want to "change their mind" about division of property etc? Can they decide in a year that they shouldn't have given you your condo hassle-free? We have no kids or other complications. I know I can have him sign a separation agreement, but I'd rather not create any tension if its at all avoidable.

Thanks,
Amicable.

[ConcernenedStepMom78]

If you and your spouse are seperating on amicable terms I can understand you not wanting to create ension, but not having a seperation agreement is a big mistake. You can simply state to him that you want to sit down with him and write it out together so that you are both safe "legally" . If he is amicable he should be okay to do this. Amicable parties should be able to sit down have a coffee together and do the seperation agreement together so that it works out for everyone, if you feel there may be tension you can also reccomend that you and him go to mediation to assist with drawing these forms up.

[AmicableSeparation]

Hi concerned
I appreciate your personal advice, but again, that's not what Im interested in. As per the post I would like to know about a deadline before the common law arrangement is, in a sense, annulled?

[ConcernenedStepMom78]

I beleive in another thread it was posted as 90 days.

[AmicableSeparation]

Excellent. thank you! Ill see if I can't find some confirmation on that somewhere....

[ConcernenedStepMom78]

My question is, how long does a person have to decide whether they want to "change their mind" about division of property etc? Can they decide in a year that they shouldn't have given you your condo hassle-free? We have no kids or other complications. I know I can have him sign a separation agreement, but I'd rather not create any tension if its at all avoidable.

Please be more clear with your questions in the future because in your post you did not specifically ask how long before comon law status was anulled, we cannot assist you if you dont ask the proper questions.

[AmicableSeparation]

Within the post, I state : My question is, how long does a person have to decide whether they want to "change their mind" about division of property etc? Can they decide in a year that they shouldn't have given you your condo hassle-free?

I have just read somewhere that it's 2 years! So . . . still looking for confirmation.

[billiechic]

Your question is not clear at all. If you mean can he take you to court later because he wants his share of the condo...it's a LOT longer than 90 days! If that is what you are worried about, then you NEED a separation agreement, which includes both of you providing full financial disclosure. If you want to protect yourself from future claims, then you need to do this.

The 2 years is probably right. For a marriage it can go back even farther.

[Rioe]

Aside from us not understanding your question, I don't think you are asking the right question, or giving us enough information to figure it out. In your first post you didn't even say you were common-law!

The 90 days quoted as an answer is only the length of time that Revenue Canada requires as being separated before they no longer consider a couple to be common-law for tax purposes. It has nothing to do with property division that I'm aware of.

The other answer you received, that you need a legal separation agreement, is the bang on one. Without that, the issue of the condo could be reopened by your ex at any time, really. Without independent legal advice, the property transfer is worthless. Granted, the longer he waits to bring it up again, the harder he'll have to fight, but there's no magic deadline I'm aware of after which he can't do so.

You said it yourself in your first post; he's amicable now, but you never know what could happen down the road. A separation agreement will protect you far better than any amount of time will. You can word it in such a way that it won't create tension, provided he really is amicable. Do you know why he's willing to give up any right to the condo? Is it only because he doesn't realize he may be entitled to it in any way, if it's in your name, and you want to keep it that way long enough to hit this deadline you're hoping for? If you want things to remain amicable, be fair.

[blinkandimgone]

Well...it is in the 'common law' forum!