My spouse and I separated a few months ago. Prior to separation, we lived in a rented home (in Ontario) with no pre-nup. My spouse left the rented home upon our separation (no abuse or other reason - just out of spite) and has been renting their own home alone while I remained in our old rented home.
We are aiming to paper a separation agreement before end of 2020 and settle everything out of court. But due to Covid and other demands we have not yet started even the first step of financial disclosure (using Ontario Form 13.1 as guide). Now my spouse has just dropped on me that “urgently” they are going to buy a new house in a nearby town and they want me to “sign something” that waives all claim to the new house they are about to buy. My spouse has always been very weak with financial and legal matters, and I assume they are missing two things: 1. Why would I sign such a waiver now, before we have even begun the first step towards separation agreement (financial disclosure) 2. Aren’t most mortgage lenders going to say “no” to someone seeking a mortgage when that person is in the midst of a divorce where future property division and spousal support are huge unknowns right now?
I want to keep things amicable. Trying to find a way to kindly say “no, not comfortable signing any legal docs at this early juncture” and point to my spouse our how un-tethered to reality the request for me to “urgently” sign a waiver of claim to new home they are buying is. Am I missing any factors to consider? What and how would you say? Thanks!
We are aiming to paper a separation agreement before end of 2020 and settle everything out of court. But due to Covid and other demands we have not yet started even the first step of financial disclosure (using Ontario Form 13.1 as guide). Now my spouse has just dropped on me that “urgently” they are going to buy a new house in a nearby town and they want me to “sign something” that waives all claim to the new house they are about to buy. My spouse has always been very weak with financial and legal matters, and I assume they are missing two things: 1. Why would I sign such a waiver now, before we have even begun the first step towards separation agreement (financial disclosure) 2. Aren’t most mortgage lenders going to say “no” to someone seeking a mortgage when that person is in the midst of a divorce where future property division and spousal support are huge unknowns right now?
I want to keep things amicable. Trying to find a way to kindly say “no, not comfortable signing any legal docs at this early juncture” and point to my spouse our how un-tethered to reality the request for me to “urgently” sign a waiver of claim to new home they are buying is. Am I missing any factors to consider? What and how would you say? Thanks!
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