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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My husband & I just separated and we have 2 properties, we

Customer Question

My husband & I just separated and we have 2 properties, we have a verbal agreement that I will keep one & he will get the other. He is in the process of selling it and because my name is ***** ***** I need to approve everything too.
We want to keep everything civil so didn't want to have to get lawyers involved to divide up our assets. So my question is if I get him to agree to our verbal agreement of the division of our assets through email will that be legally binding if at some point in the future he decides he wants part of my property since his name is ***** ***** the title?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
No it won't be binding.
For a domestic contract such as a separation agreement, marriage contract etc, the contract must be in writing, it must be signed, dated and witnessed and to be sure it is binding you both need independent legal advice.
Customer: replied 1 year ago.
so is your best advise to get that agreement in writing before he sells the property we agreed he would have?
Expert:  Legal Ease replied 1 year ago.
Absolutely.
But not just to have it in writing. Make sure you both get independent legal advice.
Customer: replied 1 year ago.
If I use an agreement template I find online and just take the completed one signed by both of us to a lawyer will that be binding?
Expert:  Legal Ease replied 1 year ago.
Not necessarily.
You each need your own lawyer. That is the point. You both need independent legal advice.
Customer: replied 1 year ago.
He doesn't want to get one says we can do it ourselves instead of paying for a lawyer but I'm worried about my future and want to make sure he can't change his mind later so can u get one without him having one
Expert:  Legal Ease replied 1 year ago.
He is saying what many spouses say but that is because it may hurt him if you see a lawyer.
So see one first and then see what that lawyer suggests.
Customer: replied 1 year ago.
Ok thank you so much
Expert:  Legal Ease replied 1 year ago.
You are very welcome.

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