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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99953
Experience:  Lawyer
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Customer Question

Hello. I am looking for an answer today for a question regarding property division.
I am legally separated from my ex wife, however our divorce has not been finalized. I am looking to buy property now that our separation is complete. I am wondering if once our divorce proceedings continue, she can claim part of this new property I am hoping to buy.
Submitted: 9 months ago.
Category: Canada Law
Expert:  Debra replied 9 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 9 months ago.

When you say you are legally separated from your wife what do you mean?

For example, do you mean you have a signed separation agreement?

Customer: replied 9 months ago.
We have a signed separation agreement that we downloaded from a legal website, but it was not mediated by a lawyer.
Customer: replied 9 months ago.
Not sure if this makes it not legitimate?
Expert:  Debra replied 9 months ago.

While that agreement may not be good enough in court if you ever ended up there given that you have clearly separated you would not share in any assets acquired after separation so she could not make a claim to the new property.

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 9 months ago.
Hmm, okay. I'm a little confused. How could it be not good enough in court but meanwhile be good enough that it would mean that she is not eligible to claim any further assets?I suppose I am asking - what would it not be good enough for, and what would it be enough for?
Thanks so much.
Expert:  Debra replied 9 months ago.

There are two separate issues.

Is the contract good enough to stand up in court if one of you later wants to dispute it? Likely not as you didn't have independent legal advice.

But is it clear that you have separated and that you are acquiring this property after you separated? Yes.

Assets acquired after separation are not shared.

Customer: replied 9 months ago.
Okay, last part of my question - in the event that I would like to be overly cautious about the possibility of my ex attempting to seize any part of this property or other assets, I've considered that it might be a good idea for my parents to buy the property outright, which they have offered to do. In this case, I would be paying my parents rent for the property until the divorce is finalized, at which point it would be transferred into my name.If we were to do it this way, is there any possibility that divorce lawyers could attempt to somehow still claim that my ex is owed part of the value of this new property? Even though it is in my parents' name, could they sneak around it and try to prove that she is somehow entitled?Last question. Thank you!
Customer: replied 9 months ago.
She has threatened me over text saying that she would sue me for alimony, seeing as she signed the contract under duress. This makes me worry that she may try to dispute it.
Customer: replied 9 months ago.
Expert:  Debra replied 9 months ago.

She is not entitled to it at all.

But she may be able to sue for support successfully depending on the facts.

So your parents can buy the property if you like but really you need to see your own family lawyer face to face and as soon as possible so that you can deal with this demand for support as that is what you may have a real problem with.

This is why independent legal advice is so vital unfortunately.

Expert:  Debra replied 9 months ago.

Is there anything more I can help you with at this point in time?

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