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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100050
Experience:  Lawyer
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May I have Legal Ease again if possible, please.May I have

Customer Question

May I have Legal Ease again if possible, please.
May I have Legal Ease again if possible,...I co-own a home with a friend in Windsor Ontario. We are joint owners. I do not live there. She lives there only part-time. We are severing the joint ownership, as our relationship has deteriorated. She has a lawyer and they sent me options for me for either the house to get sold, or I buy her out or she buy me out. I chose that she buy me out, since I do not live there it seemed the best for both of us. I am severely ill and unable to attend to the house anymore anyway.In my response to the lawyers proposal, I agreed to pay for half the appraisal for the house and then once a figure has been obtained, half the equity would go to me. I added that I would agree to split the costs of removing my name from the mortgage (which is far cheaper), but that I would not agree to pay half, if she chooses instead to close,and a new mortgage is sought (expensive)I wrote
"I agreed to pay half, I agree to have Lesley Andrew pay 50% of the equity to me, to purchase my interest in the property.I agree to the terms outlined in the paragraph above only if you, Lesley agree with my terms, as follows:
You, Lesley Andrew will assume full ownership of the current mortgage. You agree to the joint payment of the transfer of title $150 (to the President’s Choice underwriter), plus half the solicitor’s fees to transfer title.
If you choose instead to close the existing mortgage, to open another mortgage, I will not contribute to the additional costs, penalties and the extra solicitor’s fees.
I agree to leave my share of the chattel on the property, as long as I do not have to pay Lesley any more monies and no more monies toward the house and expenses." The received my acceptance on March 4, 2016I did not receive a response back as to whether they agreed to my requests or not. However now I am suspicious that they are mounting a large list of expenses and are going to take that off the top of the money to me. I realize that I should have said that I wish a neutral lawyer to do the paperwork for the transfer of titles..My questions are these:The assessment has not been done but will be in a few days. Can I send her a letter through the lawyers email, that I want a neutral lawyer to handle transfer of titles?And if so, can I state that I will only pay for half of that lawyers costs and not her lawyers fees, which is what I think they are planning.And I'm assuming that a neutral lawyer would not take any monies I owe her or that she owes me out of the monies from the house before handing it over. Is that correct?And if this is correct, Can I state in the email that any monies owed one another for house related expenses will be addressed after?That is all for now, but I will ask more once I get these responses, thank you
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
You can write a letter and state that you are not agreeable to any expenses being taken off the top unless you provided a list of these expenses in writing first and then consent to them.You can also say that you are willing to split the cost of another lawyer who will not be representing your friend exclusively if your friend's lawyer is concerned about being a conflict of interest position. That will make it clear to the lawyer that the lawyer needs to be extremely careful.

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