Right now my name is XXXXX XXXXX deed of the house my ex is living…

Question

Right now my name is XXXXX XXXXX deed of the house my ex is living in. I need to
get the deed to her name only this week ... we are still however working out all
the details of our separation agreement. Question is - What points will the
lawyer need to do this for us ? Is it enough to simply state in writing that
process of her name only on the deed is agreed to by me at this time .... ??

Debra · Accepted Answer

Debra Thal (username) :

If you want to transfer title then you need a real estate lawyer to do the
documentation and register it on title.

Debra Thal (username) :

But be sure the bank agrees first if there is a mortgage as otherwise this
cannot be done.

Debra Thal (username) :

But from a family law point of view you really need an interim separation
agreement at least.

Debra Thal (username) :

For that you would need a family lawyer.

Debra Thal (username) :

If you let me know your province I can suggest ways on finding a lawyer.

Customer:

She has talked to the bank and they have given approval

Customer:

we have an interim separation agreement but at this time that we can use for
their purposes but we don't agree with everything in it

Customer:

how can it be modified to suit the purposes of deed transfer

Customer:

?

Customer:

what is the basic information they will need to do this?

Customer:

Hello??

Debra Thal (username) :

You don't need an agreement to transfer title.

Debra Thal (username) :

But you need an agreement to protect yourself.

Debra Thal (username) :

The danger is that you are signing off on a property and usually it's not wise
to deal with one asset in isolation.

Debra Thal (username) :

Is there no way you can wait to come to a full agreement on all the issues
first?

Customer:

Well we say that its time to transfer the deed and agreement on other matters is
a work in progress and this process may help us to agree on other matters ...

Customer:

We have an apt on Thursday to transfer the deed

Debra Thal (username) :

But what if this process does not? You've then signed over the house to her.

Debra Thal (username) :

That is not necessarily in your best interests.

Debra Thal (username) :

Have you seen a family lawyer yet?

Customer:

I have not seen one ... have been working hard to work with her on childcare etc
etc ... with success and to this point, no court, lawyers etc ...

Customer:

My name has been on the mortgage for coming up to 3 years ... i have not paid
into the mortgage really at all directly lived there for a very short period of
time yet agreed to maintain the mortgage with my bank so she could live there

Customer:

She wants me to pay her a small amount into our shared debt and is unwilling to
at this point forgive that , my arguement is that she gets the house everything
in it as well as the increased equity over the 3 years and beyond to simply, she
can have it, she is happy there with the kids that I see and care for half time
in my rented apt. So do I have any right to ask this even though I haven't paid
mortgage over the last 2 years ??

Debra Thal (username) :

What province is this and how long were you married for?

Customer:

Ontario and we were common law partners for approximately 3 years ..

Customer:

We are discussing working out a revised full agreement including all of this
following our apt on Thursday... so what do I need to sign in order to do this
with her following leaving this option open for myself and not being held to
this small amount that may be in the agreement they have already asked for to
cover their own (the law firm administrator) butts

Customer:

I don't think she will hold me to anything that I sign on Thursday but just in
case is there some sort of signed agreement that we can provide them as they've
requested that is specific only to deed transfer and not personal financial
matters etc... between us??

Debra Thal (username) :

I am not sure exactly what you are asking but I am a family lawyer and I think
you are not at all protected if you sign the transfer before you at least get
some legal advice.

I am concerned that you will end up with her having the house and it being too
expensive for you to sue for the other issues relating to the debt.

I think it's very unwise to do anything without seeing a family lawyer first.

You can contact the Law Society and use their Lawyer Referral Service. You will
be given the name of a lawyer and can consult with the lawyer and the first half
hour will be free.

Debra Thal (username) :

Let me find the number for you.

Debra Thal (username) :

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Customer:

I assumed this was legal advice .... ?????

Debra Thal (username) :

Well it's information.

Debra Thal (username) :

I cannot review your facts or the financial details of course.

Debra Thal (username) :

And for that you need a lawyer who will analyze the issues and then advise you.

Debra Thal (username) :

I cannot possibly do that online even if I was allowed to do so.

Debra Thal (username) :

But what I can say is that you are not protecting yourself.

Debra Thal (username) :

I know you want to do this amicably and you may be able to do so .

Debra Thal (username) :

You don't even have to tell anyone you are seeing a lawyer.

Debra Thal (username) :

But to sign over the house without an agreement in place is highly risky.

Customer:

You have just made some good statements .... you are right it is risky ... and i
am hoping that we can do it amicably ... i feel a tad bit of risk which is why i
am chatting with u about it ... and yes i should be consulting with a lawyer for
sure...

Customer:

i do need to go to bed now so thank you for your advice ... so the lawyers
office asking for a copy of the separation agreement to transfer the deed need
to see that we have worked all this out (all our financial stuff) in a formal
agreement so that i specifically dont come back and sue them which of course i
won't, but do you think it would be enough to simply sign a statement saying I
agree to the transfer of the deed to her and thats it???

Debra Thal (username) :

No

Debra Thal (username) :

It's not enough.

Debra Thal (username) :

It won't protect you.

Debra Thal (username) :

And the lawyers won't accept it either if they are saying you need a full
agreement.

Debra Thal (username) :

In Ontario for a separation agreement to be binding you need full financial
disclosure and independent legal advice.

Debra Thal (username) :

People agree on things because they are scared of a fight or afraid of legal
fees etc.

Debra Thal (username) :

But very often they soon regret doing that.

Debra Thal (username) :

I've seen it too many times to be able to count.

Debra Thal (username) :

So please don't take a chance at least see a lawyer first.

Customer:

alright thanks again for your advice and information it was helpful to me ...

Debra Thal (username) :

You are very welcome.

Debra Thal (username) :

I hope I helped.

Customer:

u did thanks debra

Customer:

:)

Debra Thal (username) :

If we are done please click accept.

This authorizes the site to release my portion of what you paid them to me.

Right now my name is XXXXX XXXXX deed of the house my ex is living…

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