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what's first? property settlement or divorce?

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  • what's first? property settlement or divorce?

    what do i do first? file the uncontested divorce papers and then deal with the land transfer (he's transferring his ownership to me for agreed $)? or the other way around? and then, what is the process for land transfer?
    thanks. what a long haul this has been!

  • #2
    Divorce is usually not granted until all the issues such as properties, custody etc have been resolved. However, after filing for divorce, either party can move to sever the divorce from other issues. Court may or may not grant the divorce depending on circumstances. However, keep in mind the person controlling more of the assets or with interim custody might not be very motivated to settle the matters if the divorce has already been granted.

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    • #3
      thanks singledad. in this case the property is the only asset and i'm living on it. what is the process for land transfer? we've agreed on a price. is it a straight real estate deal? or is it complicated by divorce?

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      • #4
        I'd like to add that "singledad99" is correct, and you can have the divorce separated from all other issues provided that you clearly indicate that these outstanding issues are being (will be) dealt with separately and why (briefly).

        Generally the court wait a full year before granting a request to sever the divorce form other issues and thus allowing the actual divorce. But this can and has been successfully done in many cases.

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        • #5
          there are no other issues. if i am understanding correctly, the land transfer comes first and then filing for divorce. how does the land transfer physically work? do we have to meet in a lawyers office? how do i begin?

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          • #6
            Check out this website: Property Divorce Laws : Canadian Divorce Laws It is not a substitute for legal advice. You may want to get a lawyer.

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            • #7
              2 year old post

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              • #8
                NK, check out Kimberley's cat here http://www.ottawadivorce.com/forum/f...all-ties-4522/.

                Runwaway early leader for post of the year.

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