advice on buying a house after separation

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foxy

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After separation I had a baby; my ex is not the biological father. We are still in discussions for the divorce, and no settlement agreement exists at this point. A Case conference is scheduled for this month.
I would like to know if, before the divorce and settlement are over, I can buy a house, and put it on my son's name. Can my ex make a claim on this property?
 
My ex did this i posted and answer from a lawyer but then I found yesterdy and today that unless you have a legal separaiton agreement that the house can still be his. and funds you use to buy it can be split at some point.

I just spent an hour and half on the phone with a good lawyer and expert on this. Do not buy it or he can come back and possibly split it with you or a judge coiuld force you to sell it .


this is s sticky area. unless the title is done right. my ex did not it is all up in the air during a divorce. i hd this issue and had last week offered a no cash settement and not include the house. but today and yeterday and i got this from even the govt now, the house is still an asset. yes he can make a claim. i just did finally after weighing my options. the only way to not have it as an asset is to put in a trust for your child.
 
ok. a person when they buy the house has to set up title right. and have a legal separatoin agreement and or settlement offer. otherwise years later it could be taken back into court. this is all i have been dealing with for about two weeks now.
 
Thank you for your reply. Since this whole process of separation is lenghty, I was trying to find a way to save some money, instead of paying thousands in rent. It looks that to avoid any hussle, I'm better off renting :(
 
i have a better answer.

Ok my ex bought house in aug. we are not divorced and have ado not sep agreemnt. been on the phone all day about this issue. if you try to buy a house now it can be used as an asset with funds you have now.
second he has to consent to the marital statement even if you are split. and you need a sep agreement to ensure you can financially buy the house. There is a form you have to sign called a spousal statement. That he also has to sign if you are not divorce yet.

I spent all day talking to lawyers and banks and agents.

i have been trying to get all these answers since last month when i was backi n ont at the end of the day even after a divorce it is still up to a judge to decide. so from what i have seen if you have more money than he does wait until it is in writing or he could take you back to court.

my ex lied and now it will cost him a lot. had he been honest and got my consent i would have said ok give me the money i lost when i move there and that was that. far less than the house.

i will post the form again that one has to fill out when they buy a house.
http://www.teraview.ca/ereg/fidocs/national/13903_002.pdf

see page 2. the bank said that when a person buys a house they have to fill this out and they will require spousal consent or a legal agreement. I called TD bank mortgage experts. You can double check with a good real estate lawyer.

teraview is the company that does all the e registration forms now when you buy a house or other Ont govt business.

Get a legal agreement or wait.

Mine did not and it will cost him more than he bargained on.
 
You can go buy a house and put in your name and there would be no claim on it by your ex, as long as it's been clearly agreed that the separation date was prior to the acquistion of the house.

What will probably be at issue is where you got the down payment money as that asset will probably have to be included in your net family property, since you presumably had it at separation date.
 
I spoke to a very experience lawyer on this today and yesterday. 36 yrs in the biz. HE said this. he btw was referred to me by a long time re agent who said no one should buy a home until the divorce is final.

Ok, if your ex came along and filed a designation then it could be an interest in the home.

Also if his name was on a lease on an apt before you bought the house that is also an interest in the home.

Yours could be to because he has to ok you buying the house on the spousal statement unless you have a legal separation agreement.
A bank may give you a mortiage but it may be a liability later



The lawyer is Peter Cass
 
Since I've started this thread I've got my divorce; I do not have a signed separation agreement - we are still in the process of deviding assets. In Court I've asked the Judge if now, after obtaining the divorce I can go ahead an buy a house. Her reply was "yes" because you are now divorced not only separated.
 
Did you not settle all the financial things then?
You can sever the divorce and that but if the financial stuff is not settled it can be changed later. A landmark case last week just answered that question.
 
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