OT: ? re:property & divorce

[ChisJo]

I'm in the process of starting a separation from my hubby and I don't know how to proceed with our condo. Currently, I am not on the title (only his name is), but as a married couple, do I not automatically own half of the property? This gets complicated because I am the sole person on the mortgage. I want to buy out his share of the mortgage, but can I do this if I am not on the title? I am the one that moved out, but I am the one that has been paying the majority of the bills on the place (like 80%). I have not talked to a lawyer yet as I am trying really really hard to do this amicably.

Any advice on how to proceed?

 

[Gigi22]

This will depend both on federal divorce law, and the law pertaining to marital property in Alberta (the Marital Property Act, I think). I suggest finding a lawyer who specializes in divorce.
I believe that division of marital property can be done as part of divorce, or may be mediated.

 

[Tower]

www.retrouvaille.com

 

[Sue M]

I would protect yourself and get the lawyer.

 

[Ted in Halifax]

I would protect yourself and get the lawyer.

Sue M is right ...

 

[sjsjbrook]

I would get a lawyer and ask them. Well worth the money in these kinds of concerns. Property ownership laws vary from province to province.

 

[Gigi22]

OP, it is important that you have records of your payments on the mortgage, and any agreement that you have with your future Ex about the property. You will need to be able to show that you were paying the mortgage, and he wasn't.
Good luck.

 

[2forMe]

www.retrouvaille.com

Not sure why you felt that this was appropriate to post.., the OP was asking about property division.. not that she wants to salvage here marriage. Pretty presumptious of you to assume that she has not tried to salvage it.

 

[2forMe]

Always see a lawyer, even if it is just to get an idea of the rules etc in your province. My ex and I did up our own seperation agreement and division of assets ourselves. I did however have a lawyer review and ensure that everyone was being done right and equally. It was not expensive, I simply paid the hourly rate for a few hours of his time. OUr agreement was then witnessed by a notary, I paid my ex his share of house etc and then had his name removed from mortage and title. Best of luck

 

[Tower]

Not sure why you felt that this was appropriate to post.., the OP was asking about property division.. not that she wants to salvage here marriage. Pretty presumptious of you to assume that she has not tried to salvage it.

Just providing an option that may have not been tried before.

 

[stefanospops]

I am a real estate salesperson in Ontario, but I believe divorce rules are federal, not provincial. Since I have been wrong before (as my wife reminds me every day), I would, as others have said, get yourself a lawyer. However, I would imagine similar laws across province.

In Ontario there is a spot for "spousal consent" on the Listing Agreement. This is a required signature for a spousal home when only one spouse is on title. So assuming you were both living there during your marriage and it was not a secondary property then at the very least your signature will be required before your spouse can sell the property.

I would talk to a lawyer to make sure you both fully agree on your separation terms. The only way to be certain your interests are protected is through the experience of a family lawyer.

Unfortunately I deal with this all too often in my business. Feel free to PM if you have any questions I can help you with from a real estate perspective. ALthough I can't help you dispose of your property in ALberta, I can certainly give you some guidance of these situations in general. All the best.

 

[ChisJo]

Thank you so much everyone. I am going to be looking for a lawyer this week. I have a friend that is a lawyer, but I don't want to drag him into this...I don't want him to pick sides! I'm scared once a lawyer is dragged into this, the amicability will be lost, but I know I should be protecting myself too.

Thanks again!

 

[Gigi22]

OP, you may want to check the Alberta Programs and Services website, which has several references to sites for mediation, divorce, child support, etc. Good luck.

 

[bankr63]

Thank you so much everyone. I am going to be looking for a lawyer this week. I have a friend that is a lawyer, but I don't want to drag him into this...I don't want him to pick sides! I'm scared once a lawyer is dragged into this, the amicability will be lost, but I know I should be protecting myself too.

Thanks again!

Just ask your lawyer friend for a referral to another lawyer he trusts. Your friend may not even practice family law, but he'll know who the good ones are that do. I wish I had chosen mine more carefully, in hindsight, I gave up too much, and could have done with better advice.

 

[mbb]

Thank you so much everyone. I am going to be looking for a lawyer this week. I have a friend that is a lawyer, but I don't want to drag him into this...I don't want him to pick sides! I'm scared once a lawyer is dragged into this, the amicability will be lost, but I know I should be protecting myself too.

Thanks again!

JMHO, a lawyer may actually *help* with preserving the amicabilty.

That way, you have an easy answer for any questions you BOTH may have...ie, let's check with the lawyer.

Anger comes from fear and hurt, the less fear you have, less chance to hurt..less anger

Good luck, and take a deep breath!!

 

[irisesareblue]

I work with lots of people who are divorcing and we direct all kinds of people to consult with their own legal counsel to get advice on their own personal situation. Remember that you don't necessarily have to file for a divorce but you do need to be educated as to what your rights are. Often lawyers will only charge a small amount or not charge at all for a first consultation.

Once you have educated yourself about your personal situation you will have more direction and be able to make decisions regarding your situation. Education about your options makes you less fearful and less apt to be stressed over the whole ordeal.

I know what you're going through - It does get better.

 

[lady_bug_888]

According to your signature you are from Edmonton. A good lawyer there is Ann Switzer. DH used her during his divorce (not from me) and she asked for a small retainer but was very good about providing information about what she was charging for. DH did NOT feel ripped off at the end and she did a GREAT job and answered all of his questions.

I would recommend you get a lawyer and talk about options and legalities even if you do your divorce via arbitration.