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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 07-12-2020, 11:21 AM
righton5753 righton5753 is offline
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Default What would you do? Request from spouse

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. Arent 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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Old 07-12-2020, 12:13 PM
rockscan rockscan is offline
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If you have a date of separation before they buy their house then I believe you cant put a claim on it anyway so their worry is moot.
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Old 07-12-2020, 12:29 PM
canthisberight canthisberight is offline
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I personally would refuse without legal consult
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Old 07-12-2020, 09:25 PM
Elomelo8387 Elomelo8387 is offline
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Seek legal advice and make sure you have a mutual date of separation.
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Old 07-13-2020, 07:34 AM
standing on the sidelines standing on the sidelines is offline
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where is she coming up with the down payment?
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Old 07-14-2020, 03:30 PM
tilt tilt is offline
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Ask to have the bank forward their mortgage application to you. If everything is on the up-and-up they wont have a problem with that and you can use those figures for spousal / child support and equalization.
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Old 07-14-2020, 03:34 PM
LovingDad1234 LovingDad1234 is offline
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Are there kids involved? It seems to me very odd that a bank would grant a mortgage when matters related to supports (either child or spousal) and/or equalization has yet to be resolved.
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Old 07-14-2020, 07:14 PM
standing on the sidelines standing on the sidelines is offline
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I had to provide a copy of the separation agreement showing that I would not be paying my ex any SS before they would do the mortgage.
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Old 07-15-2020, 01:13 PM
Mississauga Lawyers Mississauga Lawyers is offline
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Your concerns and upset is very understandable. However, when you say I want to keep things amicable, keeping things amicable means trying to move forward, both of you, in the best way possible, quickly and inexpensively.

Family Mediation Works to sort out concerns. To consider mediation is to consider engaging a lawyer/mediator that can look at your concerns, the concerns of your spouse, and see if an agreement can be reached. The advantage of engaging a mediator that is also a lawyer is that the lawyer/mediator can draft the documents. You may choose to seek independent legal advice as the document is being signed. You may want to start mediation quickly. This can be done by Zoom. So it can be at your convenience, with a possible end date, probably within three weeks to a month. The cost of the lawyer/mediator is shared. If an agreement can be made about a division of all property, a new house for your spouse is not a problem.
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Old 07-15-2020, 10:04 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by Mississauga Lawyers View Post
Your concerns and upset is very understandable. However, when you say I want to keep things amicable, keeping things amicable means trying to move forward, both of you, in the best way possible, quickly and inexpensively.

Family Mediation Works to sort out concerns. To consider mediation is to consider engaging a lawyer/mediator that can look at your concerns, the concerns of your spouse, and see if an agreement can be reached. The advantage of engaging a mediator that is also a lawyer is that the lawyer/mediator can draft the documents. You may choose to seek independent legal advice as the document is being signed. You may want to start mediation quickly. This can be done by Zoom. So it can be at your convenience, with a possible end date, probably within three weeks to a month. The cost of the lawyer/mediator is shared. If an agreement can be made about a division of all property, a new house for your spouse is not a problem.
Family mediation only works when you have two reasonable parties to the mediation though. Mediation fails when one or both parties have a mental health issue, addiction issue or are high-conflict in their problem resolution. As well mediation is usually not great with complex situations that only a court should be dealing with. For example: Mobility of Children

The estimates provided by the marketing guru above is not generally the speed at which mediation moves. It is great marketing material for their service but, for many people who end up on this site Arbitration or Court where a final order can be made is the only option.
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