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Old 06-25-2010, 10:07 PM
Justfine Justfine is offline
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Default Common Law Separation Agreement

Hi all - My common-law husband and I have agreed to separate after living together for 10 years. We purchased a house in January 2002 - both our names on the mortgage and land title. We split the mortgage and all household expenses 50/50. Our separation is amicable - we are friends, hope to remain so in the future but just can't live together. He works nights I work days and we did not spend enough time together. We live in BC. We are currently both living in the house, sleeping separately. We agreed to separate about 2 weeks ago so its moving along quickly. We do not have any children.

He has agreed to purchase outright my share of the house and we have negotiated a price based on existing equity, etc. Because his salary steadily increased over the years and mine has not increased as much and because we split all costs 50/50 and he also did not share his quarterly bonuses with me, he has agreed to a small amount of spousal support for a period of 2.5 years from the time I move out and purchase my own home. We reached this agreement together.

In order for him to refinance the house and for the cash to be transferred into my account, to take my name off the mortgage and land title, we have to provide the notary with a separation agreement.

My notary has advised that all we need to do is word our own separation agreement, each sign it and have it witnessed and it will be legal. I can't find the correct wording to use - they are all worded for those separating from a marriage.

Does anyone know of a template I can use?
Old 06-26-2010, 10:26 AM
unchartedwaters unchartedwaters is offline
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I'll be watching this thread...interested in the same information.

Good luck with all Justfine!
Old 06-26-2010, 10:47 AM
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Old 06-26-2010, 10:48 AM
MsD MsD is offline
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It's good that you and your partner are able to work out an amicable separation.

You can buy a separation agreement "kit" at Staples or Chapters, but definitely consult a lawyer before and after you hammer out the details on paper. Only sign if the division of assets and support has been carefully considered and written out.

I am planning to use the kit myself to begin working out the details and to give me an idea of what needs to be addressed. But this is only a worksheet for me - I fully intend to work with a mediator to ensure that the agreement is fair and properly written up.

Hope this helps
Old 01-04-2011, 08:51 PM
Oncebitten1 Oncebitten1 is offline
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Check out this website. Canadian Divorce Laws I don't think it has a template but it may assist you in writing up the agreement based on the advice it offers common law spouses.
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