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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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Old 12-23-2012, 05:20 PM
Lava Lava is offline
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Default Family property.

Hi,

My stbx and I worked on the contents of our separation agreement. Once we both agreed on everything I had my lawyer draw up the document which we both signed. She waived her right to ILA even though both my lawyer and I asked her to get a lawyer to look over the agreement. She said she felt it wasn't necessary.

Included in the agreement was that she would sign over the house and some property over to me, this was her decision. When she decided she wanted a divorce I asked how she wanted to split the assets and she said she didn't want anything.

After the agreement was signed she still needed to complete a property transfer document which for some reason she is not doing. She is no longer in the country and doesn't intend on returning. Does anyone know that after a certain number of years if I can claim the property solely in my name? Is there some kind of abandonment clause or something?

Thanks.
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Old 12-24-2012, 02:35 PM
limer limer is offline
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Without the agreement being notorized/witnessed it may not be worth much if challenged. Limitation period for equalization claims is 6 years from date of separation. Limitation periods for Possessive Aquiance is 10 years. You would likely need to to file an application with the courts in order to start pursueing these. Keep in mind that when your mortgage comes due that the mortgage company will require both your signatures for refinancing.
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Old 12-27-2012, 06:37 AM
Lava Lava is offline
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The agreement was witnessed and signed.
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