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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 02-27-2012, 07:22 AM
shlaba shlaba is offline
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Default hand written letter of intent..??

well i finally received a hand written letter from her stating that as long as i dont cancel the hydro and do a few things to the house she will have the realtor in and have on the market on the 5th of march...since its hand written and not dated nor signed but obviously her hand writing is this valid?..or just another ploy to stall more?
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Old 02-27-2012, 07:37 AM
standing on the sidelines standing on the sidelines is offline
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it should be dated and signed and preferably have a witness. Did she put down March 5th 2012 or just march 5th?? I would tell her to get the realtor in now to get the ball rolling, he can tell you what needs to be done to get the house ready for showing.

If it was me I would not sign it. I think it is a stall tactic.
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Old 02-27-2012, 07:45 AM
shlaba shlaba is offline
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it says marth 5th 2012 and not asking for my signature just stating that if i fix a few things to the house(need to be done) that will be put on the market by said date, but she does refer to both of us by full name in this letter...just dunno if i should beleive her or just trying for me to NOT cancel hydro in my name...jeez its become so hard to tell if shes honest anymore or not, should i just ask her to date and sign it??..maybe that will be the tell tale if she serious or not?...oh yeah!! finally bought a digital voice recoreder...wish i had it a day earlier but have one now at least!!
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Old 02-27-2012, 09:15 AM
Lorac Lorac is offline
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Shlaba,

I did the same thing you did only the content of the letter was different than yours. I typed it all out, made a copy for me a copy for him and a third copy for the witmess we had who was present when we both signed it.

But.....my mistake was in thinking this would be sufficient. It would of been if I would of had a lawyer put his signature to all the letters. The letter was brought up later and that's when I found out nothing could be done about.

Apparently in order for it to be legal and binding it has to be signed by a lawyer.
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Old 02-27-2012, 10:27 AM
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Tayken Tayken is offline
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Originally Posted by shlaba View Post
well i finally received a hand written letter from her stating that as long as i dont cancel the hydro and do a few things to the house she will have the realtor in and have on the market on the 5th of march...since its hand written and not dated nor signed but obviously her hand writing is this valid?..or just another ploy to stall more?
The letter can be disputed in court. There are plenty of handwriting experts that can validate that the letter is truly in her handwriting. Do not lose the letter. Copy it five times and put the original in a very safe place.

I would recommend writing a formal letter in response, and delivering it via courier with signature and attach a copy of the letter in response. If the other party is represented I would send the response to the lawyer and not the other party.

Keep copies of the responding letter and the attachment.

Good Luck!
Tayken
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Old 02-27-2012, 10:29 AM
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Shlaba,

I did the same thing you did only the content of the letter was different than yours. I typed it all out, made a copy for me a copy for him and a third copy for the witmess we had who was present when we both signed it.

But.....my mistake was in thinking this would be sufficient. It would of been if I would of had a lawyer put his signature to all the letters. The letter was brought up later and that's when I found out nothing could be done about.

Apparently in order for it to be legal and binding it has to be signed by a lawyer.
This can happen. But, you can use the letters to demonstrate intent to resolve matters which should be useful in any litigation (motion/trial). The agreement may not have been binding but, the intent to settle the matter demonstrates a lot and judges take this into account when determining the "cooperative parent/party".

Good Luck!
Tayken
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Old 02-27-2012, 10:48 AM
shlaba shlaba is offline
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so basically the letter is useless in regards to anything legal...i just gotta hope she intends on listing the house..WOW this whole situation is getting beyond frustrating
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Old 02-27-2012, 04:16 PM
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so basically the letter is useless in regards to anything legal...i just gotta hope she intends on listing the house..WOW this whole situation is getting beyond frustrating
In a matrimonial dispute it can be used to balance probability of the cooperative litigant. Basically, hold on to it... Let them make all sorts of allegations then provide the evidence that they don't keep their word.

You can't use the letter to get something but, you can use it as leverage on a motion in response (or on application). It isn't a legal contract but, it is good enough evidence in the civil proceedings to off set the other party's balance on the probability.

Good Luck!
Tayken
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Old 02-27-2012, 05:41 PM
shlaba shlaba is offline
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well lots of copies made an original in a safe place..i just hope she honest about listing property this time so i can move on *fingers crossed!
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