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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 05-19-2014, 04:02 PM
init'sowntime init'sowntime is offline
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Default still playing games

I think they are still trying to screw me. We were so close. they sent me a confirmation letter for the settlement agreement. the terms were agreed to. The money to finance her buyout of me for the family home is coming from her parents. But now wording has changed, after they agreed to this settlement.

in the email following the confirmation letter they state "she has obtained refinancing on the house to honour the terms of the settlement" but that makes no sense because her parents have already agreed to fund this. then the sa states "she will make her best efforts to obtain his release of the mortgage, but if she can;t she will refinance. in the event she can't the agreement will fail.

Heres what gets me. the sa states that i will go and sign the sa, effectively agreeing to the terms of the agreement. once i sign that the house is hers. Then after that she will go to get refinancing. if that fails there is no agreement, but she will have documents showing me signing the house over to her. she also states, that i will sign first, and the settlement money will not be provided until after the house transfer has gone through, then they will release the funds. saying that "don't despair if it takes a few weeks for the money to be released" she also states that she will only sign after I do. i think we should sign at the same time.

doesn't everything have to be in place first? because of how the wording of the settlement shows her getting farther and farther away from agreeing to the settlement money.Her parents have it waiting for her, but the wording now makes me think parents have backed out.

She can't refinance the house her self. her income is not enough. her parents i don't think would ever co sign, and i know they want her to sell. so this agreement is bound to fail. but the confirmation of acceptance of the offer has been accepted. can't i hold her to that?
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Old 05-19-2014, 04:25 PM
standing on the sidelines standing on the sidelines is offline
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is her lawyer going to hold the money in trust?? Unless that is the case, I wouldn't accept the deal.

I know for my deal I needed to have a signed separation agreement before the bank would release the money to me. Then my lawyer held it in trust until the ex signed the papers transferring ownership to me. She then forwarded it to his lawyer.
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Old 05-19-2014, 05:04 PM
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Janibel Janibel is offline
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Bad idea. Never sign anything in a SA that you are not 100% comfortable with. What would be the point if you already know that she would not be approved for financing due to her lack of funds.

If her parents are willing to co-sign a loan or pay you up front, they certainly don't need your signature at this point?

Make them an offer of your own stating that you will sign over the house to her once and only once your share is in trust with her lawyer (and you have written proof of said amount waiting for you.

Better safe than sorry ....
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Old 05-20-2014, 09:45 AM
Northern Phoenix Northern Phoenix is offline
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Get the bank to pre approve. That is common practice for mortgages whether for divorced or not. Get documentation from the bank regardless of the agreement.

You can get a motion to enforce the terms of the signed original agreement.

Get a lawyer to consult, not necessarily represent but get some advice. This is too big of an issue to try to navigate alone.
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