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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

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 04-17-2011, 10:50 PM
Georga Georga is offline
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Default Separation agreement

Dear Sir,
My husband and I were separated Jan 2005. June 2006 he moved out abandoned family and all responsibility. He started divorce in 2007 and stopped it. Only assets we have is this house where I and our daughter are residing.The house is divided 3 ways with document, and our daughter is 42 % owner.She paid out entire mortgage, saved us from bankruptcy, she paid and is still paying for all the bills and supporting me. House is for sale and we can not buy him out. He and I collect limited pension. I get $ 300.00 less.In 2010 I received $ 80.00 from his CPP. I owe a lot of money to my daughter. Can I transfer my portion 29% ownership to my daughter? If the house is not sold I have to stay here. Can he charged me rent or make me move out?, and then he will move back in. His orders are that I stay in the house and help to pay for the house bills. We do not have separation agreement and he wants us to co-sign bank loan. We will not.Do I need sep.agreem.I am not asking for spousal support or RRSP,he wants money.Will sep. agreement protect me, he can not sue me before or after divorce.When house is sold if sep. agreement is not in place will lawyers reliese the money? He goes from lawyer to lawyer. I can not afford lawyer and can not take this disturbance any more, my health is failing me. Our divorce is straight forward and simple, only wait for the house to sell. He walked from bread and butter. Your help will be greatly appriciated. Thank you kindly, Georgina Pintaric, Inermere BC.
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Old 04-18-2011, 12:50 AM
Mess Mess is offline
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You and your ex both collect a pension, with only a few thousand difference in income, so you should really forget about spousal support, it is good you aren't persuing that.

You can do whatever you want with your share of the house, you can transfer it to your daughter, it is yours to do what you wish, but you will end up needing a lawyer for that, papers will need to be drawn up.

Easier to sell the house and pay her with that money.

Whether your ex is going from lawyer to lawyer is his business. You basicly have only to sell off the house and divide the amount.

You don't need a separation agreement other than for peace of mind, you have no assets and your child is an adult. There is nothing to sue each other for. However some people are obsessed and will persue rainbows so if you can get an agreement drawn up it will help you forget and walk away. You can go to the bookstore and get a do-it-yourself separation kit and run off copies of an agreement from the cd-rom. Pay a lawyer for a half hour to read it over and give you independant legal advice which will basicly be, yes this is a valid agreement. You and your ex should both get independent legal advice and have the lawyers co-sign, but it is more a formality, you have nothing to fight over IMHO.
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